CONSTITUTIONAL PROTECTION OF THE RIGHT TO HEALTH

Purpose: This study aims to explore the constitutional protection of the right to health in Algeria, emphasizing its enshrinement within national constitutions and oversight by the constitutional court. Methodology: Utilizing an analytical and descriptive approach, this research examines the constitutional texts and legislative measures relevant to the right to health, focusing on their evolution and current implementations. Results: The analysis reveals that while the Algerian constitution integrates the right to health with other fundamental rights, such as access to drinking water and a clean environment, the practical availability of these rights is hindered without the state's active provision of necessary resources. Practical Implications: This study underscores the necessity for proactive state intervention in actualizing the right to health, advocating for a comprehensive legal framework that ensures access to healthcare irrespective of individuals' financial capabilities. Originality/Value: This research contributes to the academic discourse on constitutional law by highlighting the dynamic interplay between constitutional mandates and the practical enforcement of the right to health, offering insights into the essential role of constitutional courts in safeguarding human rights within a legal framework.

Authors

Publication Details

Journal
Journal of Law and Sustainable Development
Published
2024-11-21
DOI
https://doi.org/10.55908/sdgs.v12i11.4147
Citations
1
Primary Topic
Healthcare Systems and Practices
Type
article
Field-Weighted Citation Impact
0.00
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article

CONSTITUTIONAL PROTECTION OF THE RIGHT TO HEALTH

Bakhta Dendane
1 citations
Journal of Law and Sustainable Development
Healthcare Systems and Practices
article

CONSTITUTIONAL PROTECTION OF THE RIGHT TO HEALTH

Bakhta Dendane
article en
1 citations

Abstract

Purpose: This study aims to explore the constitutional protection of the right to health in Algeria, emphasizing its enshrinement within national constitutions and oversight by the constitutional court. Methodology: Utilizing an analytical and descriptive approach, this research examines the constitutional texts and legislative measures relevant to the right to health, focusing on their evolution and current implementations. Results: The analysis reveals that while the Algerian constitution integrates the right to health with other fundamental rights, such as access to drinking water and a clean environment, the practical availability of these rights is hindered without the state's active provision of necessary resources. Practical Implications: This study underscores the necessity for proactive state intervention in actualizing the right to health, advocating for a comprehensive legal framework that ensures access to healthcare irrespective of individuals' financial capabilities. Originality/Value: This research contributes to the academic discourse on constitutional law by highlighting the dynamic interplay between constitutional mandates and the practical enforcement of the right to health, offering insights into the essential role of constitutional courts in safeguarding human rights within a legal framework.

Journal of Law and Sustainable DevelopmentVol. 12(11)
Openalex Percentile: Top 63%
Healthcare Systems and Practices
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CONSTITUTIONAL PROTECTION OF THE RIGHT TO HEALTH — Bakhta Dendane · Journal of Law and Sustainable Development (2024) | TGRS Research Map | TGRS