THE REPUBLIC OF THE GAMBIA’S COMBINED REPORT ON THE AFRICAN CHARTER ON HUMAN & PEOPLES’ RIGHTS & INITIAL REPORT ON THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA Furthermore, an employee returning from maternity shall be placed in the same job with the same benefits and entitlements as immediately before her maternity leave began, within four weeks of giving notice to her employer of her wish to return to her employment The Labour Act also ensures that employees are entitled to regular remuneration for each day of public holiday, and the period of annual leave shall be extended by one working day with full day pay for each day of public holiday that falls within that period of leave. Wages paid to employees are paid in accordance with the term of the contract of employment and may only be changed by agreement of both parties. Section 31 on the Rights of the Disabled provides, “the right of the disabled and handicapped to respect and human dignity shall be recognized by the State and society. That the disabled persons shall be entitled to protection against exploitation and to protection against discrimination; in particular as regards access to health services, education and employment’ ’and “in any judicial proceedings in which a disabled person is a party, the procedure shall take his or her condition into account.” Many people with disabilities are being employed in both the public and private sector. The Government through the Department of Social Welfare has also engaged in disability and equality training and this has been conducted for twelve training institutions and some employers. ARTICLE 16: RIGHT TO BEST ATTAINABLE STATE OF PHYSICAL AND MENTAL HEALTH State Parties to the Present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick. Although the right to health is not guaranteed as a fundamental human right in the 1997 Constitution of The Gambia, it is a fundamental objective and directive principle of state policy in Chapter XX of the Constitution. Under the National Health Policy, “Health is Wealth” and the Health Master Plan 2007 -2020 and The National Reproductive Health Policy 2007 – 2014, the Government has made great strides to promote the right to health in the country, through accelerated and affordable health care. This has been updated to the 2017 to 2026. 65

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