LITIGATION SURGERY ON THE RIGHT TO HEALTH IN AFRICA

INTERIGHTS

Interights is pleased to announce a call for applications to Africa-based lawyers and NGOs who would like to participate in a forthcoming litigation surgery on the right to health.

All applicants are required to submit for discussion current or potential cases involving violations of the right to health on the themes detailed in the application form.

The objective of the planned litigation surgery is to identify and provide substantive support to cases on the right to health that could be pursued before domestic or international fora and to build relationships with lawyers undertaking such cases. The litigation surgery will be held from 23 – 26 April 2013 at a venue in Africa that is to be confirmed.

In May 2012, Interights held a consultative meeting with experts on the right to health drawn from all over Africa. The objective of that meeting was to discuss with national and international practitioners and experts in the field of the right to health measures that can be taken to encourage and assist litigation at national, sub-regional, regional and international levels in Africa.

One of the issues arising was the need to build the capacity of lawyers to incorporate principles of international law in the litigation of the right to health domestically and before regional and international human rights mechanisms. The need to litigate specific issues to set standards offering greater protection where existing laws and practices fall short was also stressed. It was further highlighted that Interights should assist lawyers and NGOs in beginning the process of litigating the right to health and to identify violations of the right to health and advise on litigation strategies that could be applied by them.

Interights aims to enforce human rights through law, providing protection and redress in particular regions and on issues of strategic focus. It has conducted extensive litigation before domestic, regional and international courts and tribunals including the African Commission on Human and Peoples’ Rights, the UN Human Rights Committee and the European Court of Human Rights. It has achieved this both through representation and co-representation of victims, third party interventions and the provision of advice and materials to local partners. In addition, it has held numerous conferences, judicial colloquia and training workshops during the last two decades with members of the legal profession and civil society in many countries in Europe, Africa, South Asia, the Caribbean and the Pacific. As part of our work we hold litigation surgeries – meetings focusing on the consideration of cases linked to specific themes – during which strategic litigation of those issues are explored.

Criteria for eligibility:

The call for applications is open to lawyers, in private practice, or working for or affiliated to NGOs, who either advocate, research or litigate the right to health in Africa.

A maximum of 12 participants will be selected;

The lawyers must have a demonstrated interest in and/or knowledge of right to health and/or related issues;

The lawyers must have a demonstrated interest in and/or knowledge of international and regional human rights law;

The lawyers must be involved in, or considering, litigating a case or cases that address right to health violations. With their application, they must submit at least one case study of a case that they are litigating or intend to litigate that could be discussed during the litigation surgery;

The cases submitted must involve the violation of a fundamental right protected in a national constitution, African Charter on Human and Peoples’ Rights (“ACHPR”), International Covenant on Economic, Social and Cultural Rights or any other relevant regional or international human rights instrument.

The following suggested themes are a guide for the type of case that could be submitted with the application:

Access to basic health care including access to emergency treatment

Discrimination in accessing health care: persons living with HIV/AIDS, persons living with disabilities, LGBTI persons, minorities, other vulnerable groups

Reproductive health

Maternal and child mortality

Access to information

Violations occurring in health establishments

Bureaucratic requirements impeding victims of sexual violence accessing medical care

The failure to implement national plans and policies and to meet nationally identified goals and benchmarks;

Applicants are encouraged to submit more than one case.

The working language for the meeting will be English.

Closing date for applications: Monday, 11 February 2013, 12 pm (UK time)

how to apply

Please complete the attached application form and submit it together with your case summarie(s) to Moni Shrestha at Cette adresse e-mail est protégée contre les robots spammeurs. Vous devez activer le JavaScript pour la visualiser.

If you should require any further information please contact Judy Oder at Cette adresse e-mail est protégée contre les robots spammeurs. Vous devez activer le JavaScript pour la visualiser..

Shortlisted applicants will be notified soon after the closing date and should be available for telephone interviews on Thursday, 14 February 2013.

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