Can the right to health provide for normative guidance to combat global pandemics? Insights from the Covid-19 pandemic in Mauritius and South Africa.

Despite the best efforts of both Mauritius and South Africa, they faced significant challenges during the Covid-19 pandemic, including infringing on the peoples’ rights to access health facilities, essential drugs, food, shelter, water, and sanitation. The central aim of the thesis is arguing for and proposing the adoption of a human rights-based approach premised on the right to health to combating the pandemic and future ones given that such an approach is more effective than simply adopting a needs-based approach as was the case for both Mauritius and South Africa. In connection with the central aim, the first objective is to examine the salient features and characteristics of the right to health as a normative framework to combat pandemics. Secondly, the thesis assesses the impact of the Covid-19 pandemic on health determinants in Mauritius and South Africa. As a third objective, the thesis explores the existing legal and normative framework on the right to health in the two countries. Finally, the thesis evaluates the extent to which the right to health has been used as a basis in the responses of the two countries to the pandemic. In terms of methodology, the thesis uses doctrinal legal research to analyze the right to health, focusing on statutes, norms, and court decisions. It synthesizes various rules, principles and values within a broader legal framework. The research is based on desktop research, human rights literature and relevant secondary sources. The theoretical framework for this thesis is based on parameters such as core minimum obligations, comparable priority obligations, AAAQ framework, maximum available resources, international assistance and cooperation requirements, and progressive realisation requirements.

Grantor dc:publisher.institution

University of the Western Cape

Year dc:date.issued

2024

Author dc:creator

• Mahadew, Bhavna

• Human rights
• Rights-based approach
• Mauritius
• South Africa
• Covid-19

Licence

• https://uwcscholar.uwc.ac.za/bitstreams/e8ad18ec-cdd4-4b66-8891-cf776a5188d9/download