The Impact of Constitutional Amendments on Entrenching the Right to Public Health

Abstract

The constitutional recognition of the right to health has become central to modern public health governance, reflecting its status as a fundamental human right. This study critically examines Jordan’s constitutional framework, where successive amendments to the 1952 Constitution (2011, 2014, 2016, and 2022) expanded social protections but failed to explicitly enshrine the right to health. The research problem lies in this constitutional silence, which raises concerns about the adequacy of Jordan’s legal system in safeguarding public health, particularly during crises such as the COVID 19 pandemic.
Adopting a doctrinal and analytical legal methodology combined with comparative analysis, the study reviews Jordanian constitutional texts, judicial precedents, and legislative obligations, while drawing lessons from international experiences in South Africa, Brazil, Kenya, and Tunisia. Findings reveal that Jordan’s constitutional framework imposes implicit obligations on the state legislative, administrative, and judicial but the absence of explicit recognition weakens enforceability and limits judicial capacity. Comparative evidence demonstrates that explicit constitutional provisions transform health into a directly enforceable right, compelling state accountability and strengthening equity.
The study concludes that Jordan urgently needs constitutional reform to explicitly guarantee the right to health. Practical recommendations are offered to legislators and policymakers to enhance constitutional protection, align with global trends, and ensure institutional cohesion and health equity.