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The World Bank Legal Review
The Constitution of the Republic of Uganda of 1995 is divided into two parts: the National Objectives and Principles of State Policy and the Articles of the Constitution. The former is designed to guide the organs of the state in interpreting the constitution and implementing state policies, whereas the la er are binding substantive provisions. The constitution lacks a substantive provision on the right to the highest a ainable standard of health, but it does make mention of the right under the Directive Principles of State Policy. This means that the right to the highest a ainable standard of health is a socioeconomic objective to guide the government’s actions, rather than a binding constitutional right. Under the National Objectives and Principles of State Policy, the state undertakes to provide basic medical services to the population,145 to take steps to provide a basic water management system at all levels,146 and to provide adequate resources for organs of the government for their effective functioning at all levels.147 The national objectives are important to the realization of the right to health because they stipulate the primary responsibilities of the government with respect to the right. Their influence was reinforced by a constitutional amendment of 2005, which clarified that the government ought to govern on the basis of the National Objectives and Principles of State Policy.148 This amendment rendered the National Objectives and Principles enforceable in a manner analogous to the Articles of the Constitution. Although this amendment also rendered the National Objectives and Principles justiciable, the import of Article 8A has not yet been tested in the Ugandan courts of law. The closest case was the 2011 petition Center for Health Human Rights and Development & 3 Ors v. AG, on maternal health. The case was thrown out of court on preliminary grounds and was not considered on substance.149 Chapter 4 of the Articles of the Constitution contains Uganda’s Bill of Rights, and although it does not expressly include the right to health, the right is included by reference through Article 45, which incorporates all other rights and freedoms of international covenants and treaties to which Uganda is party, including the Covenant on Economic, Social, and Cultural Rights. Furthermore, other rights essential to the realization of the right to the highest standard of health are incorporated by the constitution, including the right to a clean and healthy environment,150 the right to access to information,151 the
145 Objective 20. 146 Objective 21. 147 Objective 8. 148 The Constitution of the Republic of Uganda as Amended by Constitution (Amendment) Act No. 11 of 2005. 149 Center for Health Human Rights and Development & 3 Ors v. AG, Constitutional Petition No. 16 of 2011 (unreported). 150 Art. 39. 151 Art. 41.