Health and Human Rights in Tanza by pengtt


									Health and human rights
      in Tanzania.

     Joseph J. Matimbwi
     Courtyard - 1st September 2008

Legal and policy framework
regarding health-related rights
in Tanzania
  • Pre Independence
  • Post Independence
  • Today

          Pre independence
Human Rights in Tanzania were shadowed by myths,
tradition, cultural beliefs and practises.
For examples: a pregnant mother should not eat eggs ,
albino baby etc.

Health facilities were centred in Towns (in colonial activities),
the health of the rest people, especially in rural, was subject to
traditional treatment.

Traditional treatment were somehow accompanied with
human rights violation – low hygiene, sexual offences, etc

           Post independence
•   Before incorporating the Bill of Rights in the
    Constitution, Tanzania signed and ratified
    international human rights treaties such as
        – International Covenant on Economic, Social and Cultural
          Rights (ICESCR) - 1976
        – the Convention on the Elimination of All Forms of
          Discrimination Against Women (CEDAW) - 1985
        – the Convention on the Rights of the Child (CRC) – 1991

            The Constitution
1984 - Incorporation of the Bill of Rights into the
Constitution - guarantee of fundamental human rights
     – Right to life
     – Social welfare (security)

  Article 8 (b)
  “…The primary objective of the Government shall be
  the welfare of the people”
•   Citizens enjoyed free health care services under the Ujamaa policy
    (Arusha Declaration - 1967)

•   Issues that overshadowed the right to health under the “state will
    provide” era – before 1990s

         Low literacy level
         Poor infrastructure
         Poverty – poor standard of living
         High rate of diseases
              -   Limited accessibility of health services (Queues)
              -   Low quality of services
              -   Unavailability of drugs
              -   Little care/attention of patients health
              -   Central health system - management
   The Health Sector Reform (1993)
• “to improve the health and well-being of all Tanzanians
  with a focus on those at most risk and to encourage the
  health system to be more responsive to the needs of the

• New areas and strategies for the health sector
• Decentralization of health matters – beyond the district
• Cost sharing with exemptions and waivers
                Policy Framework
• Tanzania Development Vision 2025

• National Strategy for Growth and Reduction of Poverty -
• Primary Health Service Development Program (MMAM)

• National Policy on HIVAIDS Nov. 2001
• National Multi Sectorial Strategic Framework on HIVAIDS –
  2003 – 2007 (2008-2012)
• National Plan of Action to Combat FGM (2001 – 2015)
   East African Network on Elimination of Female Genital Mutilation

• Insurance Scheme – Community Health Fund - 2001

               Legal framework
• Sexual Offences Special Provisions Act (SOSPA) 1998
        – Criminalization of FGM - under 18
        – Sexual violence - Rape has been defined to cover children below 18
          without consent being material in the defence.

• The Education Act of 1978
        – Provides for the education of all children of Tanzania irrespective of
          their gender.

• The Law of Marriage Act of 1971
        – The age of marriage is 18 years and above. Girls, however, can be
          married at an age of below 18 years but not below 15 years
        – The law prohibits the infliction of corporal punishment on a spouse
          (domestic violence)
        Legal framework cont.
• The HIVAIDS (Prevention and Control Act) 2007
        – Protects people living with HIV/AIDS
        – Prevention of spreading HIV
        – Criminalises “wilfully” HIV transmission

• The Public Health Bill (Act)– 2007
        – Environmental sanitation
        – Housing
        – Health hazards

 Human Rights and Good Governance Act – 2001
        – Receives, conduct inquiries, research into complaints HR violations
        – Disseminate information on HR

• Tanzania Commission on    • Commission for Human
  AIDS (TACAIDS) 2000         Rights and Good
                              Governance - 2001
• Coordinate the
  implementation of the
  National Multi-sectoral   • HR inquiries
  Response to the           • Good governance
  HIV/AIDS epidemic

  Despite the legal and policy aspirations, the right
               to health is limited by:
• Inadequate standard of living
   – Poor sanitation
   – Limited access of safe drinking water (esp. rural)
   – Inadequate nutritional food

• Health information – empowerment on rights
   – Traditional practises with health implications
   – Early marriages and pregnancy

• Limited access to basic health care – rural             12
• Legal - Judiciary
         –   Sexual offences – FGM, rape etc.
         –   Adequate standard of living – dumping sites
         –   Remedies for HR violations
         –   Right (freedom to sexual orientation)
         –   Unsafe abortion

• Health System – MoHSW = Right to Health?
         – Accountability, accessibility, equity and quality
         – Community participation
         – Health implications resulting from breaches of health care ethics

Asanteni sana


To top