Enforcing the Right to Health Through Courts in Tanzania: Challenges and Prospects

Abstract

The right to health is recognized as a fundamental human right within international, regional, and domestic legal frameworks. This article explores its judicial enforcement in Tanzania using a doctrinal legal methodology that analyses statutory provisions and case law. It challenges the view that socio-economic rights are non-justiciable, affirming that the right to health is a universally applicable entitlement that can be subject to immediate enforcement. The article identifies factors for effective enforcement, including political legitimacy, judicial capacity, and legal expertise. Major challenges include the lack of express constitutional protection of the right to health, resource constraints, and partial alignment with international legal obligations. Nevertheless, the study underscores underlying prospects such as the progressive interpretation of the right to health through the constitutional guarantee of the right to life under Article 14, and the adoption of legal, policy, and institutional reforms, which promote better health outcomes in Tanzania.