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There is no shortage of scholarly literature on the right to enjoy
the highest attainable standard of physical and mental health (the
right to health) in general. However, little research exists with a
focus on the specificities of the legal framework in African
countries, including an investigation into domestic constitutional
and statutory regimes of these countries. Furthermore, while human
rights treaties and domestic laws on the right to health do not
distinguish between modern and traditional medicines, there is a
shortage of studies, including monographs, on access to modern and
traditional medicine (TM) as part of the right to health. The
present study partly fills in the gap by dealing with access to
medicines as part of the right to health in two Sub-Saharan African
countries, namely the Democratic Republic of the Congo and the
United Republic of Tanzania. The thesis combines this general
inquiry into the right to health with a specific focus on TM,
including access to traditional medicines. TM is often overlooked
in mainstream scholarship despite its immense practical importance
for many people worldwide, especially in the DRC and the URT.
Addressing TM in the context of the human right to health and
analysing its challenges from a human rights perspective constitute
an essential contribution to human rights scholarship. Therefore,
the study considers modern and TM as part of the right to health
under the global, African continental, and SADC regional and
domestic human rights law.
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