Benin

The Constitution does not include a right to health per se, but refers to the role of the State to ensure to its citizens equal access to health, education, culture, information, vocational training and employment (art. 8). Furthermore, under article 27 of the Constitution, everyone has the right to a healthy, satisfactory and sustainable environment.

The Constitution does not provide specific provisions regarding the mandate for health. However, it specifies the areas for which a law is needed (art. 98). These include areas influencing health and the performance of health systems (e.g., laws regarding taxes, creation of categories of public establishments, general status of the civil service, general organisation of the Administration, territorial organisation, education and scientific research, labour law, social security etc.).

The main goal of the National Health Policy 2018-2030 ("Politique Nationale de Santé (PNS) 2018-2030") is to ensure the well-being of the Beninese population by providing a regulated, efficient, and resilient health system that offers quality, equitable, and accessible care throughout the life cycle (pages 6-7).

The policy identifies six strategic orientations: development of leadership and governance in the health sector, improvement of service delivery and quality of care, enhancement of human resources in health, development of infrastructure, equipment, and quality health products including traditional medicine, improvement of the health information system, promotion of research and innovation in health, and better financing for universal health coverage (pages 6, 21-27).

In the section providing frameworks of reference, the document references several laws and regulations. The Constitution of December 11, 1990, particularly articles 8 and 26, emphasizes the right to health as a major development issue (page 18). The administrative organization is governed by Law No. 97-028 of January 15, 1999, which outlines the territorial administration of Benin (page 9). The health system's structure is defined by Decree 426 of July 20, 2016, and Decree 98-300 of September 28, 2005, which reorganizes the health pyramid (pages 9-10).

The document outlines specific actions related to laws and regulations. It emphasizes the need to strengthen the legal and regulatory framework to ensure effective governance and accountability in the health sector (pages 22- 23). The policy also calls for the establishment of new regulatory bodies such as the National Council for Primary Health Care (CNSSP) and the National Council for Hospital Medicine (CNMH) to oversee the implementation of health policies (page 22). Additionally, the strategy includes the development of a legal framework for the integration of traditional medicine into the national health system (page 24). The policy highlights the importance of adhering to international health regulations and national laws to improve health outcomes and ensure the sustainability of health interventions (pages 17-18).

The main goal of the National Health Development Plan 2018-2022 ("Plan National de Développement Sanitaire (PNDS) 2018-2022") is to ensure that every individual in Benin achieves a good state of health throughout their life cycle by 2022, with active participation from the population (pages 10, 29).

The PNDS 2018-2022 identifies six strategic orientations: development of leadership and governance in the health sector, improvement of service delivery and quality of care, enhancement of human resources in health, development of infrastructure, equipment, and health products, improvement of the health information system, and better financing for universal health coverage (pages 10-13, 29-42).

In the background and situation analysis sections, the document references several laws and regulations. The Constitution of December 11, 1990, particularly articles 8 and 26, emphasizes the right to health as a major development issue (page 17). The administrative organization is governed by Law No. 97-028 of January 15, 1999, which outlines the territorial administration of Benin (page 15). The health system's structure is defined by Decree 426 of July 20, 2016, which details the attributions, organization, and functioning of the Ministry of Health (page 2).

The document outlines specific actions related to laws and regulations across all areas of the health system. For example, it emphasizes the need to strengthen the legal and regulatory framework to ensure effective governance and leadership in the health sector (page 30, strategic orientation 1). This includes notably the establishment of new regulatory bodies such as the National Council for Primary Health Care (CNSSP), the National Council for Hospital Medicine, the National Agency for primary care and a Regulatory Authority for Health (section 1.1., page 30). Additionally, the strategy refers to the need to institutionalize and make mandatory the certification and accreditation of health facilities and to the need to strengthen the implementation of the International Health Regulations (section 2.3, pages 33-34). The plan further calls for the development of a legal framework to promote and implement hiring of health professionals (section 3.1, page 37).