Country Y has ratified the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Rights of the Child (CRC). Its constitution already guarantees the right to education but does not expressly guarantee the right to health. The government wishes to give effect to the CRC provision on the right to health. It can either (i) amend the constitution to include a clause on the right to health, or (ii) enact a statutory law implementing that right.

Which option provides the stronger legal protection for the right to health, and why?

Question

Country Y has ratified the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Rights of the Child (CRC). Its constitution already guarantees the right to education but does not expressly guarantee the right to health. The government wishes to give effect to the CRC provision on the right to health. It can either (i) amend the constitution to include a clause on the right to health, or (ii) enact a statutory law implementing that right.

Which option provides the stronger legal protection for the right to health, and why?

Accepted Answer

Amending the constitution provides stronger protection because constitutional provisions outrank ordinary statutes.

Gce Model Questions Vol1 2024 Civic Education Question 47

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