Adequacy of Legal and Policy Measures taken to Realise Older Persons’ Right to Healthcare in Tanzania

Publication Information

Journal Title: Journal of Legal Studies & Research
Author(s): Alphonce Mbuya
Published On: 01/08/2022
Volume: 8
Issue: 4
First Page: 97
Last Page: 112
ISSN: 2455-2437
Publisher: The Law Brigade Publisher

DOI: doi.org/10.55662/JLSR.2022.8403

Cite this Article

Alphonce Mbuya, Adequacy of Legal and Policy Measures taken to Realise Older Persons’ Right to Healthcare in Tanzania, Volume 8 Issue 4, Journal of Legal Studies & Research, 97-112, Published on 01/08/2022, doi.org/10.55662/JLSR.2022.8403 Available at https://jlsr.thelawbrigade.com/article/adequacy-of-legal-and-policy-measures-taken-to-realise-older-persons-right-to-healthcare-in-tanzania/

Abstract

Global and regional human rights treaties require state parties, including Tanzania, to take constitutional, legislative, policy and other measures to give effect to the rights guaranteed in the treaties. This article seeks to answer the question of whether Tanzania has taken adequate constitutional, legislative, and policy measures toward realising older persons’ right to healthcare. Tanzania’s international human rights obligations to realise older persons’ right to healthcare stem from international and regional human rights treaties which include the African Charter on Human and Peoples’ Rights and the International Covenant on Economic, Social and Cultural Rights. It is observed that, although Tanzania has recognised the need to ensure access to healthcare services by older persons, implementation of such policies remains a challenge as older persons continue to experience many challenges in accessing healthcare services. Moreover, the lack of constitutional protection of older persons’ rights and the right to healthcare and the absence of specific legislation on older persons render the legal framework on older persons’ right to healthcare extremely inadequate.

Keywords: Legal and Policy Measures, Older Persons, Right to Healthcare

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