b) The right to the enjoyment of good physical and moral health
(article 16 of the ACHPR)
Article 30 of the 20 January 2002 Constitution sets forth the following: « The
State is the guarantor of public health. The Elderly and Disabled shall be
entitled to protective measures based on their physical, moral and other needs
for their full development. The right to establish private socio-sanitary facilities
shall be guaranteed. Such facilities shall be governed by the Law.».
Whereas the Constitution has laid particular emphasis on the case of vulnerable
segments of society, the Charter on Rights and Liberties dated 21 June, 1991
had extended the scope of article 31 : « All individuals shall have the right to
enjoy the best attainable physical and mental state. The State shall take all
measures to ensure :
* « a reduction in the natimortality and infant mortality rates, as well as
the sound development of the child » ;
* The improvement of all aspects of hygiene in Industry;
* Prophylaxis and treatment of transmitted epidemics, professional
diseases and other diseases as well as controlling such diseases;
* The creation of the conducive environment to provide medical services
and medical assistance for all in the case of illness;
* Improved quality of life and natural environment.
The African Charter on Human and Peoples’ Rights stipulates in article 16:
« Every individual shall have the right to enjoy the best attainable state of
physical and mental health. State Parties to the present Charter shall take all
necessary measures to protect the health of their people and to ensure that
they receive medical attention when they are sick ».
This concern is replicated in the International Covenant on Social and Economic
Rights, in article 12 : « State Parties to the said Covenant recognise the right of
all State Parties to the Covenant to enjoy the best attainable physical and
mental health… »
Special emphasis is laid on the fight against the Aids pandemic. At the Ministry
of Justice and Human Rights, an HIV-Aids Controls Unit (HIVU), a division of
the National Aids Control Programme has been established. Its primary aim is
to popularize within public administration, the means of prevention and
protection. This initiative has had mixed results however it has helped instil
more responsible behaviours among public officers.
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