Health Legislation

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 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.

These Guidelines outline standardized protocols for voluntary testing and counselling to enhance access to HIV services, ensure informed consent, and promote client confidentiality and support.

This Guidance Framework outlines strategies and standards to ensure high-quality, client-centered HIV testing and counselling services, promoting accuracy, safety, and confidentiality in the process.

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.

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 law regulates the management and control of HIV/AIDS in the Republic of Guinea.

These Guidelines outline a framework for transferring HIV/AIDS service delivery responsibilities from central to local levels, promoting community involvement and improving access to care.

The purpose of this Act is to determine the fundamental principles relating to the protection of the rights of people living with HIV/AIDS and of persons affected.

This Act provides for prevention, treatment, care, support, and control of HIV and AIDS, for promotion of public health in relation to HIV and AIDS; provides for appropriate treatment, care and support using available resources to people living with or at risk of HIV and AIDS and provides for related matters.

The law makes rules on HIV/AIDS Prevention, Treatment and Control.

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 Decree regulates the urgent measures to stop the spread of HIV/AIDS in the Republic of Equatorial Guinea. This document is published as a part of a compilation of laws and decrees and this Decree is located on page 96 of the file.

This Act provides measures for the prevention, management and control of HIV and AIDS, provides for the protection and promotion of public health and the appropriate treatment, counselling, support and care of persons infected or at risk of HIV and AIDS infection, and connected purposes.

The purpose of this law is to combat the spread of the disease caused by the Human Immunodeficiency Virus (HIV) leading to the reduction and loss of the body's immune defenses, resulting in Acquired Immunodeficiency Syndrome (AIDS); to protect people living with HIV/AIDS against all forms of discrimination or stigmatization; and to reaffirm their fundamental rights and freedoms in accordance with international human rights instruments.

The Constitution was promulgated in 2005 and reviewed in 2018. The Constitution contains 292 articles addressing a broad range of issues as the protection of fundamental rights and freedoms, the fundamental principles of the state and institutional arrangements.

The purpose of this Law is to create a legal framework that allows for the implementation of the actions and mechanisms necessary for the education, prevention, treatment, epidemiological surveillance, research, care and monitoring of sexually transmitted infections and HIV/AIDS, as well as to guarantee respect, protection and defence of human rights, and to eliminate the stigmatization and discrimination of people infected with HIV/AIDS. This law can be located on page 24 of the file.