An analysis of Ghana's obligation to progressively realise the right to health

Abstract

The background of this research stemmed from concerns about the realisation of socio-economic rights in Ghana. Article 2(1) of the International Covenant on Economic, Social, and Cultural Rights mandates that ‘state parties undertake to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures’. This study demonstrates that the real test for the implementation of all human rights is not limited to legislative measures but includes the commitment of governments to put in place mechanisms to achieve the progressive realisation of human rights. These mechanisms may take the form of legal policies, executive actions or economic policies. The proposition of this study is that after thirty-one years of stable democratic governance in the Republic of Ghana, the judiciary and successive governments have demonstrated their commitment to the realisation of civil and political rights within Chapter 5 of the 1992 Constitution by declaring them to be directly justiciable and ordering state apparatus to commit financial resources towards their realisation, such as the right to vote. However, much is left to be desired within the branch of socio-economic rights, such as the right to adequate housing and the right to health. Regarding the right to health, successive governments have admitted to issues of adequate funding to expand universal healthcare coverage in Ghana as well as allocate continuous expenditure towards the health sector. It is for this reason that this study seeks to assess the progressive realisation of the right to health particularly within the areas of justiciability (legislative measures) and domestic expenditure (economic policies) towards the health sector. This is to evaluate Ghana’s compliance to utilise its available resources in a manner that ensures that healthcare is available, accessible, of high quality and acceptable to every Ghanaian and individual living in Ghana.