Botswana

The Constitution does not include a right to health.

There is no specific reference in the constitution to mandate for health. According to Section 86 of the Constitution, the parliament has the power to make laws for the peace, order and good government of Botswana.

The main goal of the "National Health Policy: Towards a Healthier Botswana" is to ensure that all people living in Botswana have the opportunity to achieve and maintain the highest level of health and well-being (page 19). The Policy was finalized in December 2011 and guide the health development of Botswana for a period of 10 years (page 20).

The policy identifies several priorities and objectives, including improving leadership and governance, enhancing health service delivery, addressing lifestyle and behavioural determinants of health, strengthening health resources (human resources, medicines, vaccines, medical equipment, infrastructure, and financing), and improving the health management information system (pages 21-31).

In the section dedicated to the situation analysis, the document references several laws and regulations: the Public Health Act 2002 (Chapter 63:01) regulating public health services (under revision to address changes in the epidemiological scenario and technological advancements) (page 13); the Medical, Dental and Pharmacy Act and the Nurses and Midwives Act governing the accreditation of professionals in both the public and private sectors (page 13); the Drugs and Related Substance Act (DRSA) of 1992 and its 1993 regulations (being amended to align with the Botswana National Drug Policy (BNDP) 2002)(pages 14 - 15). Some of the challenges encountered with regards to health products specifically include inadequate legislation to address importation and distribution of counterfeit medicines as well as inadequate regulation and control of traditional medicines (section 2.10.1.2, page 15)

The policy outlines specific actions related to laws and regulations across all areas of the health system. For example, it requires the Ministry of Health to facilitate the formulation of a Public Health Bill/Act and ensure its implementation and regulation (page 22). It calls for the establishment of a regulatory framework for the regulation of alternate medicine practices (page 28). The policy further refers to the development and implementation of regulations on mandatory reporting of defined information requirements (page 31). It emphasizes the need to review and revise regulation on alcohol and drug abuse (pages 34-35) as well as legislation on tobacco control and marketing (page 33) and health and safety at work (page 36).

No current health plan was located in the country.