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Experts push for ‘right to health’ clause in the new constitution

Sunday, 24 October 2010 14:06

THE right to health must clearly be spelt out in the new constitution preferably under the Bill of Rights to ensure that everyone has access to health in the country, experts have said.
The Community Working Group on Health (CWGH), in its input document to the new constitution-making process, said the right to health must be clearly included in the new constitution. CWGH executive director Itai Rusike said the inclusion of the right to health in the new Zimbabwe constitution would be a show of commitment by the government in promoting social progress and better standards of life for Zimbabweans.

“We see that embedding the right to health in our constitution will give us the bottom we need to make it clear that everyone has a claim to health care, regardless of the economic, social-political status, race, creed, gender or other features,” said Rusike.

The CWGH recommended that the new constitution must have the right to safe drinking water and sanitation, food, shelter as well as access to health-related education and information.

It said, in the new constitution people affected by HIV/Aids must have the right to freedom from discrimination, right to life, equality before the law and the right to privacy.

Rusike said inclusion of the right to health in the new constitution will be a show of commitment by government in promoting social progress and better standards of life.

This, Rusike said, would be consistent with the state’s ratification of the International Covenant on Economic, Social and Cultural Right (ICESCR) in 1991. Article 12 of the ICESCR obligates states to recognise the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, “including the right to healthy environments, prevention of disease and access to health care”. Rusike’s proposals were also supported by former chairman of the parliamentary portfolio committee on health. Blessing Chebundo, who said the
right to health must be included in the bill of rights.

Chebundo said he was concerned that very few people raised health related issues to be included in the new constitution during the outreach programmes, particularly in Midlands where he took part. “It was a cause of concern for me,” said Chebundo. “There was very little in terms of issues related to health raised during the Copac meetings in Midlands.”Chebundo was speaking at the CWGH national meeting whose theme was “Health for All – Campaigning for the Right to Health in the New Zimbabwe. Constitution” held last week. The meeting drew participants from the ministry of health, the Constitutional Parliamentary Select Committee, civil society and
community-based organisations.

A report by Unicef and the government late last year revealed a worsening situation for women and children in Zimbabwe.The report showed reduced access to key social services for the poorest
women and children, especially those in rural areas.Data from the report which is the result of a survey conducted in May 2009 shows a 20% increase in under five child mortality since 1990.
Most of the under fives succumb to HIV/Aids, newborn disorders, pneumonia and diarrhoea.
Children in rural areas and those from poor families, that comprise one fifth of the population are the most vulnerable, the report says.
The survey revealed stark disparities between the rich and poor saying the poor are hardest hit in terms of access to critical services in health and education. The data also shows that 79% of orphans and vulnerable children are not receiving any form of external assistance. Further, around two-thirds of all children in the country do not possess birth certificates. The survey was designed to provide policymakers with information they can use to make decisions on development priorities and budgets. Despite the inaccessibility of health care by women and children, Zimbabwe is a signatory to several international treaties governing the right to
health and health care.
Among those that the country has ratified include the African Charter on Human Rights and Peoples’ Rights, Convention Concerning Forced Labour, Convention against Torture and Other Cruel, Inhumane and Degrading Treatment or Punishment as well as Convention on the Elimination of All Forms of Discrimination Against Women.

BY CAIPHAS CHIMHETE

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