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A NEW DAWN FOR HUMAN RIGHTS IN FIJI? LEARNING FROM COMPARATIVE LESSONS

A NEW DAWN FOR HUMAN RIGHTS IN FIJI? LEARNING FROM COMPARATIVE LESSONS

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Abstract: New beginnings offer new opportunities but also present new challenges. The restoration of democracy in Fiji in 2014 was accompanied by a new and far reaching Constitution, which, among other things, promises much in the context of social, economic and cultural rights. These rights, which have sometimes been described as soft or “third generation” rights, give rise to resource demands, and in developing and least developed countries, governments may struggle to deliver on promises, or if they seek to do so may encounter certain diffi culties. In this article we look across the globe at comparative examples of how different countries have met their international and national obligations to give effect to the right to health and healthcare, especially for children, and use this comparative exercise to consider the options open to Fiji in considering how to fulfi l the expectations raised by an ambitious new Constitution.

Keywords: human rights; right to healthcare; children; comparative law; Fiji; India; South Africa; Brazil; Columbia

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