Mozambique

Title I of the Constitution is dedicated to the basic principles of the Republic. One of its chapters is about foreign policy and international law which states that norms of international law shall have the same force in the Mozambican legal order as have infra-constitutional legislative acts of the Assembly of the Republic and the Government (art.18).

Title III is dedicated to fundamental rights, freedoms, and duties. Individual rights and freedoms shall be directly applicable and shall bind both public and private entities, and shall be guaranteed by the State (art. 56). In the same title, under article 89 the right to medical and health care is established. In addition to this, the title gives the right of popular action all citizens, the right to advocate the prevention, termination or judicial prosecution of offences against public health, consumer rights, environmental conservation and cultural heritage (art 81).

Title IV is dedicated to the economic, social, financial and fiscal organization of the state. Article 116 of this title, states that medical and health care for citizens shall be organized through a national health system and mandates its principal rules. Under this article, the State promotes the extension of medical and health assistance and equal access for all citizens to the enjoyment of this right.

This Law includes 13 chapters. The first provides general provisions. The second chapter includes the general principles of public health and the rights and duties of the citizens regarding public health. The third and fourth chapter is about public health risk, health promotion and diseases control. Under this chapter, one of the obligations of the state is to determine and publish the List of Diseases to adopt measures for their prevention and diagnosis and establish the methods and procedures for compulsory treatment in ambulance and hospitalization, within the National Health System (art. 14 and art. 15).

The fifth chapter is dedicated to Outbreaks, Epidemics, Syndemics and Pandemics which includes measures on quarantine and isolation (art. 18 and art.19).  Chapter six is about occupational Health and chapter seven about international sanitation/health. Chapters eight and nine are about sanitary measure to take on water and food as well and waste management. Chapter ten is dedicated to cemeteries, crematoria, funeral activities, and health inspections. The last chapters of the law are regarding the management of the government regarding the measures taking on the law.

The law consists of 105 articles that are grouped into seven chapters. The chapters of the law are covering the following: Chapter I - Definition, nature, headquarters and scope; Chapter II - Fundamental principles and purposes; Chapter III - Registration, rights and duties; Chapter IV - Organization of the Medical Order;
Chapter V - Elections;
Chapter VI - Financial means; Chapter VII - Final and transitional provisions.

According to Article 4 of the Law, the Order of Doctors promotes the defence of the legitimate interests of doctors and the pursuit of humanized medicine that respects the right to health of all citizens. In line with Article 6, the Order of Doctors is tasked among other things to: defend ethics, deontology, class dignity and professional medical qualifications, in order to ensure and ensure that citizens' right to qualified medicine is respected; issue the professional identification card; and promote the professional qualification of doctors, through the granting of differentiating titles and through active participation in continuing medical education.

Article 9 sets out the requirements for the inscription into the Order of Doctors for both Mozambican nationals and foreigners who received medical training either in Mozambique or abroad.

The Resolution consists of two Chapters: Chapter I is dedicated to the National Health Policy and consists of two sections covering key notions and general dispositions of the Policy; and Chapter II is dedicated to the Implementation Strategy that is also broken down into sections that cover key pillars and strategies.

In line with Section 2.5.1, the policy's objective is to promote the improvement of conditions and ways of seeing populations, reinforce the implementation of measures aimed at improving individual and collective health and reduce vulnerability and health risks arising from social determinants of health.

According to Section 1 of the Implementation Strategy, its three key pillars are: 1. Well-being and healthy lifestyles;
2) Access and use of health services;
3) Health in all Policies.

The law is divided into 5 chapters. The first chapter is dedicated to the general provisions of the law which includes the attribution (art.2) and the competencies of the Ministry of Health (art.3). The second chapter is about the general structure of the Ministry (art.4)  and the third chapter expands on the previous one, giving the functions of each department of the ministry. The last two chapters are about collectives’ departments.

The regulation establishes that the Ministry of Health has 17 departments which include one legal department (art. 4 and 173) and one department of Administrative Rules and Procedures (art.143). One of the functions of the legal department is to ensure the uniform interpretation and application of health legislation (art.173 let. P).