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Health Legislation
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Eswatini

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 part dedicated to "Directive Principles of State Policy", the Constitution provides that the State shall take all practical measures to ensure the provision of basic health care services to the population (art. 60.8). The Directive Principles of State Policy guide the action of the State and other actors but are not enforceable in any court or tribunal (art. 56).

Mandate for health

The Constitution does not include specific provisions regarding competence for health issues.

Legislative and regulatory priorities

National health policy

The main goal of the National Health Policy (2007) is to improve the health and social welfare status of the people of Eswatini by providing high-quality, relevant, accessible, affordable, equitable, and socially acceptable preventive, promotive, curative, and rehabilitative services (p. 10).

The policy identifies three main objectives: reducing morbidity, disability, and mortality due to diseases and social conditions; promoting effective allocation and management of health and social welfare sector resources; and reducing the risk and vulnerability of the population to social welfare problems (p. 10).

The role of legislation to govern health systems areas is underlined in relation to the operation of health services (to be regulated by the Health Service Act), the protection of public health (to be regulated by the Public Health Act), the practice of traditional medicine (to be regulated by the Complementary and Alternative Medicine Practice Act) (page 13).

National health plan

No current national health sector strategic plan was located, the last available one covers the period 2019 to 2023.

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