146. The Labour Code prohibits any direct or indirect discrimination regarding employment. 147. Discrimination in this context refers to any form of distinction, exclusion or preference based on sex, race, colour, religion, ethnic belonging, opinion, political or philosophical, social origin, legal status, national extraction, state of health or disability, the effect of which shall diminish or alter the equality of opportunity or treatment in terms of employment or profession. 148. Shall be considered nul and void any discriminatory provision appearing in a labour contract, a salary scale or an agreement or collective labour agreement. (Article 3 of the Labour Code) 149. This Code sets out the rules on labour conditions and the life of workers, their organisation, remuneration, their security, health, duration of work and vacation etc.; - Companies approved for the status of industrial free zones shall henceforth be subject to the provisions of the labour code with Law No. 2011-018 of 24 June, 2011 on the status of industrial free zone in Togo (Article 30 of the aforementioned Law); Article 16: The right to enjoy the best attainable state of physical and mental health and social protection. 150. The Togolese Government, conscious of the importance of health in the overall development process of the country, has recognised the right to health in Article 34 of the Constitution and is making efforts to make the promotion of health one of the priority areas of government action. 1. National Health Policy (PNS) 151. Togo started a reform of its policy and strategic framework in 2010 through partnership initiatives for health at the regional and international levels, particularly (HHA, IHP+). This resulted in the development of the national health policy in 2011 and the National Health Development Plan (PNDS) 2012-2015 which is currently under review. 152. The vision of this policy is to ensure that the entire population enjoys the highest attainable state of health by doing everything possible to develop a system based on public and private, individual and collective, accessible and equitable initiatives, capable of satisfying the right to health for all, in particular for the more vulnerable people. 45

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