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Health Legislation
Flag of Namibia

Namibia

Thematic highlights

This thematic section highlights the level of rights-based approaches for health and the strategic priorities identified by the country for legal reforms.

Constitutional highlights

Health related rights

There is no constitutional right to health. Under the chapter "Principle of State Policy", article 95 provides a State duty to actively promote and maintain the welfare of the people by adopting, among, other things, policies aimed at: the enactment of legislation to ensure that that the health and strength of the workers and the tender age of children are not abused (item b); insurance that every citizen has a right to fair and reasonable access to public (item e); enactment of legislation to ensure that the unemployed, the incapacitated, the indigent and the disadvantaged are accorded such social benefits and amenities as are determined by Parliament to be just and affordable with due regard to the resources of the State (item g); consistent planning to raise and maintain an acceptable level of nutrition and standard of living of the Namibian people and to improve public health (item j). The Principles of state policy included in the Chapter are not legally enforceable; they serve to guide the Government in making and applying laws to give effect to the principles' objectives (art. 101).

Mandate for health

The National Assembly is the principle legislative authority in the Country and has the power to make and repeal laws for the peace, order and good government of the country. Functions assumed by the legislative assembly include among other things, to approve budgets and provide for revenues and taxation (art. 63). The Constitution also provides for a National Council whose functions include review of legislative bills, investigation and reporting to the National Assembly on subordinate legislation etc.

Legislative and regulatory priorities

National health policy

No current national health policy was located in the country. The latest policy available covers the period 2010-2020.

National health plan

No current national health strategy or plan was located in the country. The latest plan available covers the period 2017/18 to 2021/22.

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