Health Care and Health Services

The right to highest attainable standard of physical and mental health is considered a fundamental right and this includes the right to health care services, including reproductive health care. Article 12 of the URL; international covenant on economic, social and cultural rights Article 43(1) (a) of the Kenyan proposed draft constitution also provides for the same.

Section 19 of the HAPCA makes it mandatory for every health organization, health management organization and medical insurance company to give access to health care for persons with HIV.
The state has the obligation to prevent treat and control epidemics and endemic diseases and to create conditions that would assure medical service and attention in the event of sickness. In order to meet those obligations the state must ensure the provision of information, education and assistance In the context of HIV/AIDS, including access to services for sexually transmitted diseases, means of prevention(such as condoms, clean injecting equipment) and to voluntary and confidential HIV/AIDS testing with pre and post-test counseling in order to enable individuals to protect the health of themselves and others. The state should also ensure a safe blood supply and implementation of ‘universal precautions’ to prevent transmission [Article 20 and 21 of the proposed draft constitution].

Access to adequate treatment and medication, within the overall context of public health conditions and policies, enables people living with HIV/AIDS to live as long and as successfully as possible by special measures, equal access of all groups in society, particularly marginalized groups to prevention, care and treatment services. The state is required to ensure that no one is discriminated against access to healthcare services on the basis of HIV/AIDS status.