Health as a Fundamental Right in Nepal: Legal Provisions and Implementation Gaps

The Constitution of Nepal, 2015, recognizes health as a fundamental right of all citizens. The Constitution, article 35 provides for the right to free basic health services, emergency health care and equal access to health services without discrimination. This constitutional commitment is a major legal achievement in the transformation of Nepal to a federal democratic republic. There remains, however, a wide gap between the legal provisions and their actual implementation. This paper is a case study of health as a basic right in Nepal. It discusses the legal framework, the institutional set up for health services and the persisting implementation gaps that deny millions of Nepali citizens their constitutional right to health. Drawing on publicly available data from the Ministry of Health and Population, World Health Organization, World Bank, Central Bureau of Statistics and other sources, the analysis shows that Nepal continues to grapple with serious health challenges, despite constitutional guaranties. Out-of-pocket health expenditure is high at about 55 percent of total health spending, pushing many households into poverty.