Senegal

The Constitution includes a right to health under article 8. The right to health, along with other rights and freedoms enumerated in article 8, is guaranteed by the Republic of Senegal to all citizens. Furthermore, under the Constitution, the State and local collectivities have a duty to look after the physical and moral health of the family, in particular disabled people and the elderly; the State guarantees to the family, in particular those in rural settings, access to health services (art. 17).

The Constitution does not specifically address competencies over health matters. Matters to be addressed by law are enumerated under article 67 of the Constitution; the law, among others, governs citizenship and taxation and sets the fundamental principles for competencies of local authorities, teaching and, social security.

No current national health policy was located in the country.

The main goal of the Plan National de Développement Sanitaire et Social (PNDSS) 2019-2028 (National Health and Social Development Plan 2019-2028) is to improve the health and social conditions of the Senegalese population without any form of exclusion (pages 44).

The PNDSS identifies three major strategic orientations: strengthening governance and financing of the health and social sector, developing the offer of health and social services, and promoting social protection (page 46).

The document lists several legislative and regulatory instruments in its introductory and background chapters. These are, for example, Law No 2013-10 on Decentralization, Decree 2018-35 of January 5, 2018 relating to standard statutes of Health Development Committees (CDS), Law No 2010-11 of May 28, 2010 establishing absolute parity between men and women in institutions (page 10), Law 2009-17 of March 9, 2009 relating to the Code of Ethics for Health Research (page 33), Social Orientation Law 2010-15 of July 6, 2010 relating to the promotion and protection of the rights of persons with disabilities (page 39), etc.

The PNDSS outlines specific actions related to laws and regulations in various sections. For example, under action line 1 on Strengthening the institutional, legislative and regulatory framework, the plan emphasizes the need to revise the existing legislative and regulatory texts, in particular: legal and regulatory texts for efficient implementation of the RSI; the hygiene code; law 66-69 of July 4, 1966 on the Order of Physicians of Senegal, to better take into account the innovations introduced by community texts (ECOWAS in particular); Decree 95-264 of March 10, 1995 delegating the powers of the Head of State in matters of administration and personnel management (paragraph 5a); the law on hospital reform on its article 18 to better take into account social action services in the health map; regulatory texts governing the private health sector; Law 75-80 of 9 July 1975, relating to the treatment of mental illnesses and the internment regime for certain categories of insane persons; Law 81-70 of 10 December 1981, relating to the practice of dental surgery and the order of dental surgeons; and the repeal of Law 76-03 of 25 March 1976 establishing social reclassification villages (page 47). This action also proposes the adoption of new legislation such as a law establishing a Public Health Code; a law on Universal Health Coverage; a law on traditional medicine and pharmacopoeia; a law establishing the Order of Nurses; a decree organizing corporate social responsibility in the health sector; and the law for the social protection for people living with mental disorders (page 47).