Health Legislation

This Act provides for the establishment of an independent Drug and Food Control Authority in South Sudan and provide an appropriate and effective independent regulatory mechanism to control and regulate the manufacture, supply, promotion, marketing, advertising, distribution and use of drugs, poisons, chemicals, cosmetics medical devices and food for human or animal use.

The decree N°11-380 provides for the organization of the central administration of the ministry of Health, Population and Hospital Reform. The text of the decree has been published in the official journal of 23 November 2011 (pages 5-6).

The Act provides for the regulation and control of practices in respect of public procurement.

The Health Institutions and Facilities Act of 2011 provides for a Health Facilities Regulatory Agency to license facilities for the provision of public and private health care services, establishes the Mortuaries and Funeral Facilities Agency to control and regulate facilities connected with the storage and disposal of human remains, establishes an Ambulance Council to regulate the operation of ambulance services in the country in accordance with policy standards and to provide for related matters.

The Constitution of South Sudan was adopted in 2011. It is the supreme law of the state. The Constitution sets out the values and principles of organization of the state, establishes the rights, freedoms and obligations of the people, sets up key state institutions and bodies, etc. The Constitution of South Sudan consists of 200 articles that are grouped into fifteen parts, supplemented by 5 schedules.

The Constitutional Petition No. 16 of 2011 challenges the government's failure to provide minimum maternal health services, asserting that this violates constitutional rights to health, life, and dignity. In 2015, the Constitutional Court ruled in favor of the petitioners, emphasizing the need for the government to ensure access to essential maternal health services, such as skilled birth attendants and emergency obstetric care, to protect the right to life and dignity.

The Constitution of Angola was promulgated in 2010. The Constitution contains 244 articles addressing a large number of issues such as the protection of fundamental rights, freedoms, guarantees  and duties, the fundamental principles of the state and institutional arrangements. The Constitution was amended in 2021 (the 2021 amendment is available in the legislation repository).

The Decree establishes the system for financing the actions of provincial governments and municipal administrations, as deconcentrated executive bodies of the central administration, within the framework of the delimitation of competences for the provision of public goods and services between the central administration and local administrations and between them.

This document constitutes a planning tool for health districts to enable them to implement the objectives of equity and improvement in the quality of care planned by the public authorities of the country.

This decree creates the services of the decentralized territorial authorities and fixes their attributions.

The Constitution of Kenya is a supreme law of the Republic of Kenya. It was adopted in 2010 and replaced the previous Constitution of 1963. The Constitution consists of 264 articles that are arranged into 18 chapters covering such issues as the bill of rights, organization of the state, separation of powers, electoral framework, etc.

The Constitution of Madagascar was adopted in 2010. It consists of 168 Articles that are grouped into seven titles. The Constitution addresses a wide range of issues such as the fundamental principles of the State, freedoms, rights and obligations of the citizens, organization of the State, key organs of the state, etc.

The Constitution was promulgated by Decree No 2010-754 of 25 November 2010. It includes 185 articles addressing a wide array of issues including, among other things, human rights and duties and institutional arrangements.

This ordinance establishes a General Code of Local Authorities in the Republic of Niger. The General Code of Local Authorities sets out the fundamental principles of the free administration of local authorities, their powers and their resources. It establishes the legal framework for their management.

The Constitution of Niger (2010) is structured into several titles, each addressing different aspects of the state's governance and the rights of its citizens. The document begins with a Preamble, followed by Title I: The State and Sovereignty, which outlines the fundamental principles of the Republic of Niger. Title II: Rights and Duties of the Human Person includes various articles on individual rights, including health rights. Title III: Executive Power details the roles and responsibilities of the President and the Government. Title IV: Legislative Power focuses on the functions of the National Assembly. Title V: Relations Between Executive and Legislative Powers describes the interaction between these branches. Title VI: Judicial Power covers the judiciary's independence and structure. Title VII: Economic, Social, and Cultural Development outlines the state's development policies. Title VIII: The Higher Council of Communication addresses media and communication regulations. Title IX: Local Authorities discusses decentralization and local governance. Title X: Treaties and International Agreements covers the process of treaty ratification. Title XI: Cooperation and Association with States focuses on international cooperation. Title XII: Revision details the process for amending the Constitution. Title XIII: Transitional Provisions and Title XIV: Final Provisions conclude the document. Articles 12 and 13 specifically refer to health rights. Article 12 states that everyone has the right to health, and Article 13 emphasizes the state's duty to create conditions ensuring access to medical services and assistance in case of illness.

The National Accreditation Board Act of 2007 establishes the National Accreditation Board and provides for related purposes.

The Act provides for the establishment of the Council to regulate the conduct of Optometrists and Ophthalmic Opticians, the registration of Optometrists and Ophthalmic Opticians and provides for related matters.

This law determines the distribution of powers between the State and decentralized local authorities.

The Constitution of the Democratic Republic of the Congo was adopted in 2006 and revised by Law No 11/002 of 20 January 2011. The Constitution consists of 229 articles that are grouped into eight titles. The Constitution includes provisions on the key principles of the organization of the Republic, human rights and fundamental freedoms, organization of powers, key state organs, etc.

This Act provides the legal framework for the regulation, registration, and practice of health professionals by establishing the Health Professionals Council.