ABSTRACT

The child’s right to health has started to come into its own. In addition to being set out in a wide range of international and regional human rights instruments, the right is included in a growing number of national constitutions. This has resulted in it being the subject of ever-greater levels of judicial and quasi-judicial attention. However, the extent of the protection afforded to the child’s right to health by such bodies has by no means been uniform. While some judicial and quasi-judicial bodies have not hesitated to address children’s right to health and construe it in such a way as to impose extensive obligations on the state, others have been far more reticent. This raises the question of how the approaches of such bodies have differed – and why.