Background Human rights are best protected, promoted and guaranteed when they can compel binding and enforceability duty. One prominent criticism of category of human rights which includes the human right to health is that it is difficult, to assign the duties that correspond to these rights, because of stark disparity in how the main duty bearers approach their duties. Methods This paper adopts a doctrinal approach to examine and evaluate the duties to the right to health. The method in this study entails a detailed literature search to systematically evaluate the legal implications, regulations, arguments and policy regarding the nature of the obligation to the right to health. This study also engages with normative and philosophical aspects of human rights. Results This paper posits that human rights protect against common, serious, and remediable threats and risks, and ensure that there are remedies from governments and third parties. However, it is difficult to compel duties especially in regard to the right to health. First it is not easy to achieve a uniform standard for duty bearers implied by the words ‘highest attainable physical and mental health.’ Theorists discussed in the paper outline views of what this could mean, from serious to common health concerns. Second, the right to health is not a legally established right in many jurisdictions, making it difficult to enforce. This paper outlines different layers of state and non-state legal duty bearers to enforce the right to health. Conclusion The duty to respect, protect, fulfil and even remedy the right to health, will often be meaningless in practice without a clear identification of the necessary duty bearers to enforce them. The law is the starting point for this to not only enshrine this right as a legally enforceable one but also to clearly identify duty bearers. Without this, the human right to health as outlined under international and regional human rights law generates an implausible, or even impossible, profusion of duties. There remains much work still to be done especially on the moral and legal fronts in order to fully guarantee this right. Trial Registration Not applicable Our work does not report results of a health care intervention on human participants. Registration is therefore not applicable.
Sexual health and autonomy, and the often violent ways in which these are suppressed, are critical women's human rights issues. The process of ensuring that women enjoy their sexual and reproductive rights, including sexual health and freedom from HIV, is particularly challenging for persons with disabilities and most especially women with disabilities. This paper applies a human rights and gender lens to the sexuality and HIV-related vulnerabilities of young women with disabilities in Uganda. Widespread misperceptions about the sexual behaviours of women with disabilities, exposure to violence and exclusion from health promotion activities and health services, render women with disabilities, particularly young women with disabilities, disproportionately vulnerable to HIV and impede the full realisation of their sexual and reproductive health and rights. While limited protections exist for people with disabilities in Uganda, and some efforts have been made to provide appropriate services, the availability, accessibility, acceptability and quality of health services for this population group remains low, with a deleterious impact on their health and rights. This article calls for measures that strengthen the ability of young women with disabilities to prevent HIV infection and that promote responsiveness of the health system (as well as services in other sectors) to the sexual and reproductive health needs of this population.
High levels of unemployment especially among the youth remains one of Uganda’s challenges. About 165,000 Ugandans currently work in the Middle East; some in search of greener pastures through what the labour movement terms as labour expropriation. The Ugandan Government has recognised this expropriation as one providing employment opportunities for young people and good for Uganda’s economy. However, many youth - mostly young women - have fallen prey to violence and abuse meted on them by their employers, including physical and sexual abuse. This article illustrates through real experiences of Ugandan women, the negative consequences of labour expropriation, which have attracted national visibility because of the obvious human rights and gender-based violations that arise especially in the form of violence against women. The article also examines the legal and policy framework relevant to expropriation, including bilateral agreements signed between Uganda and receiving countries in the Middle East. Making reference to interviews with returnees or former domestic workers in the Middle East as well as key informants working in key institutions, this interrogation finds both the laws and structures for protection of young women inadequate in terms of meeting their subjective needs and expectations for protection against violence while working abroad. Going forward, the Ugandan Government should make deliberate efforts at addressing the plight of female migrant workers in the Middle East through strengthening the legal framework and facilitating the Ministry of Gender, Labour and Social Development to undertake stronger monitoring of recruitment agencies, among other initiatives.
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