Health Contents – Constitution of Nepal
Following contents are included in Constitution of Nepal
Fundamental Rights and Duties
30. Right to clean environment:
(1) Every citizen shall have the right to live in a clean and healthy environment.
(2) The victim shall have the right to obtain compensation, in accordance with law, for any injury caused from environmental pollution or degradation.
(3) This Article shall not be deemed to prevent the making of necessary legal provisions for a proper balance between the environment and development, in development works of the nation.
35. Right relating to health:
(1) Every citizen shall have the right to free basic health services from the State, and no one shall be deprived of emergency health services.
(2) Every person shall have the right to get information about his or her medical treatment.
(3) Every citizen shall have equal access to health services.
(4) Every citizen shall have the right of access to clean drinking water and sanitation.
36. Right relating to food:
(1) Every citizen shall have the right relating to food.
(2) Every citizen shall have the right to be safe from the state of being in danger of life from the scarcity of food.
(3) Every citizen shall have the right to food sovereignty in accordance with law.
38. Rights of women:
(1) Every woman shall have equal lineage right without gender based discrimination.
(2) Every woman shall have the right to safe motherhood and reproductive health.
(3) No woman shall be subjected to physical, mental, sexual, psychological or other form of violence or exploitation on grounds of religion, social, cultural tradition, practice or on any other grounds. Such act shall be punishable by law, and the victim shall have the right to obtain compensation in accordance with law.
(4) Women shall have the right to participate in all bodies of the State on the basis of the principle of proportional inclusion.
(5) Women shall have the right to obtain special opportunity in education, health, employment and social security, on the basis of positive discrimination.
(6) The spouse shall have the equal right to property and family affairs.
39. Rights of child:
(1) Every child shall have the right to name and birth registration along with his or her identity.
(2) Every child shall have the right to education, health, maintenance, proper care, sports, entertainment
and overall personality development from the families and the State.
(7) No child shall be subjected to physical, mental or any other form of torture in home, school or other place and situation whatsoever.
(9) The child who is helpless, orphan, with disabilities, conflict victim, displaced or vulnerable shall have the right to special protection and facilities from the State.
40. Rights of Dalit:
(3) Special provision shall be made by law in order to provide health and social security to the Dalit community.
41. Rights of senior citizens:
The senior citizens shall have the right to special protection and social security from the State.
42. Right to social justice:
(2) The indigent citizens and citizens of the communities on the verge of extinction shall have the right to get special opportunities and benefits in education, health, housing, employment, food and social security for their protection, upliftment, empowerment and development.
(5) The families of the martyrs who have sacrificed their life, persons who were forced to disappear, and those who became disabled and injured in all people’s movements, armed conflicts and revolutions that have been carried out for progressive democratic changes in Nepal, democracy fighters, conflict victims and displaced ones, persons with disabilities, the injured and victims shall have the right to get a prioritized opportunity, with justice and due respect, in education, health, employment, housing and social security, in accordance with law.
43. Right to social security:
The indigent citizens, incapacitated and helpless citizens, helpless single women, citizens with disabilities, children, citizens who cannot take care themselves and citizens belonging to the tribes on the verge of extinction shall have the right to social security, in accordance with law.
44. Rights of consumer:
(1) Every consumer shall have the right to obtain quality goods and services.
(2) A person who has suffered injury from any substandard goods or services shall have the right to obtain compensation in accordance with law.
Directive Principles, Policies and Obligations of the State
51. Policies of the State:
The State shall pursue the following policies:
(f) Policies relating to development:
(2) to develop balanced, environment friendly, quality and sustainable physical infrastructures, while according priority to the regions lagging behind from development perspective,
(4) to enhance investment in scientific study, research works and in invention, progress and development of science and technology, and protect scientists, technologists, intellectual and eminent talents,
(8) to update demographic statistics and linking it with national development plans.
(h) Policies relating to basic needs of citizens:
(5) to keep on enhancing investment necessary in the public health sector by the State in order to make the citizens healthy,
(6) to ensure easy, convenient and equal access of all to quality health services,
(7) to protect and promote health systems including Ayurveda, as a traditional medical system of Nepal, natural therapy and homeopathy system,
(8) to make private sector investment in the health sector service-oriented by regulating and managing such investment, while enhancing the State’s investment in this sector,
(9) to focus on health research and keep on increasing the number of health institutions and health workers in order to make health services widely available and qualitative,
(10) to increase average life expectancy by reducing maternal and infant mortality rate, while encouraging family planning for population management on the basis of Nepal’s capacity and need,
(15) to arrange for access to medical treatment while ensuring citizen’s health insurance.
(j) Policies relating to social justice and inclusion:
(3) to ensure enjoyment of requisite services and facilities at the reproductive stage,
(5) to take into consideration primarily of the best interests of the child,
(12) to accord priority to the indigent within all sexes, regions and communities in the provision of social security and social justice,
(14) to adopt a single door system for the establishment, approval, operation, regulation and management of community-based and national or international nongovernmental organizations and to involve such organizations only in the sectors of national need and priority, while making investment and role of such organizations transparent and accountable.