Main legislative instruments
Overview
Details
Constitution de l'Union des Comores
The Constitution of Comoros was adopted in 2001 and last amended in 2018. The Constitution contains 122 articles addressing a large number of issues as the protection of fundamental rights and freedoms, the fundamental principles of the state and institutional arrangements.
General information
2018
FR
Thematic spotlights
Under article 1 of the Constitution, the Union of the Comoros is a sovereign, unitary and democratic Republic.
The right to health for citizens is enshrined in article 42 of the Constitution located in the title dedicated to rights and duties (title II). In the same article, reference is made to the duty of the State to assure a national health service that is general and hierarchical and to encourage and support the participation of the community in the different levels of health services as well as public and private health initiatives. In addition, article 43 provides a right for citizens to a healthy and ecologically stable environment.
Loi No 95-013 portant Code de la santé publique et de l’action sociale pour le bien être de la population
The Code for Public Health and Social Action for People's well -being ("code de la santé publique et de l'action sociale pour le bien être de la population) provides the legal rules applicables to health activities and structures tasked to ensure health protection and promotion. It is important to note that there are reports of a new public health code under development, the latest version that could be retrieved online is however the one provided here (from 1995).
General information
1995
FR
Thematic spotlights
The Code is structured around 5 sections ("Livre"). The first sets general provisions, the second addresses protection and promotion of public health, the third addresses human resources for health, and the fourth pharmaceutical products. The last one provides repeal, transitory and final provisions.
In the first part "General Provisions", there are three titles. The first title provides the fundamental principles including a priority given to primary care . The second title provides the general organization of the health services: this includes at the national level the Ministry of Health, the National Centre for Training and Research in Public Health, and the National Pharmacy (chapter 1) and at the regional level, regional directorates and health regions (chapter 3); it also includes the National Health Council that is a consultative body (chapter 3) and specialised establishments and services namely the National Blood Transfusion Centre and Medical biology laboratories (chapter 4). The third title provides the legal framework for health services delivery addressing the issue of cost for services in the public and private sector (articles 53 and 54).
In the second part "protection and promotion of public health", there are 3 titles which address general health measures e.g. health regulations, pollution, hygiene, health and safety measures, fight against epidemics and pandemics (title 1), specific health measures including, maternal and child health, workers' health, protection of disabled people, mental health, nutrition (title 2) and health checks at borders (title 3).
The third part provides the rules to govern medical and pharmaceutical professions (title 1) , medical auxiliaries (title 2) and traditional medicine (title 3). The fourth part of the Public Health Code on Pharmaceutical Products provides general provisions including the National Pharmaceutical policy and definitions for medicines and other pharmaceutical products (title 1); it also provides for specific provisions governing the manufacture and wholesale of pharmaceutical products, retail sale of pharmaceutical products (title 2) and restrictions on trade in certain products, substances or articles (title 3).