Cabo Verde

The first part of the Constitution is dedicated to the fundamental principles of the Republic. The second part is dedicated to the rights, freedoms, and duties. Under the economic, social and cultural rights and duties, a right to health and health care services (article 70) is included. A right to social security is also provided for in the Constitution (article 69).

Under the article 18 and 20 the rights, liberties and guarantees are directly applicable in Cabo Verde and all individuals have the right to apply to the Constitutional Court, by means of an amparo appeal, for the protection of their constitutionally recognized fundamental rights, freedoms and guarantees. The Constitution have a large range of rights, duties and freedoms as the right to life and physical and moral integrity (art.27); and the liberty of expression and information (art 47) among other rights.

The Constitution establishes areas for which the legislative competence exclusively belongs to the National Assembly . These areas, listed under article 175, include among other, state of emergency, creation, modification and dissolution of local authorities, restrictions on the exercise of rights, regime of the republic information' system, personal data protection regime, basic rules for the State and local authorities budget, creation of taxes (non-exhaustive list). Other areas are also under the legislative competence of the national assembly unless an authorization is granted to the government to address them. These areas, listed under article 176, include among other things, rights, freedoms and guarantees, status and capacity of person, basic rules for the organization and operation of local authorities, tax incentive system, general system of fees and contributions in favor of public entities, as well as the basic rules for the education system, the national health services and land use planning (non-exhaustive list).

The legal framework for the prevention and comprehensive care of Human Immunodeficiency Virus (HIV) and Acquired Immunodeficiency Syndrome (AIDS) defines the rules and regulations for addressing these health issues.

The law translates the general principles established in the Health Basic Law, especially the promotion and defence of public health, carried out through the actions of the State and other public entities, with civil society organizations potentially participating in these activities.

This Law includes 41 articles and 4 chapters. The first provides general provisions including definitions, objectives, and principles of the law. One of the principles highlighted include universal health coverage and solidarity into the financing of the health system (art.3). The second chapter addresses the generalities of the Health system in Cabo Verde addressing the objectives (art.7), functions (art.8), the structure of the health system (art.9 to 19), the organization and function of the national health services which also includes regulation regarding the health workforce (art. 20 to art.38).

The law defines a citizen as someone who has the right to health and the duty to preserve and promote it, regardless of any social, economic, or personal convictions, thereby emphasizing the principle of non-discrimination. At the same time, it extends access to health protection to foreigners.