The National Health Act (NHA) was made to provide a legal framework for the regulation, development and management of the National Health System and to set standards for rendering health services in the Federation and for related matters. The National Health System established under the Act has as part of its objectives the protection, promotion and fulfilment of the right of Nigerians to have access to health care services as it seeks to provide for persons living in Nigeria, the best possible health services within the limits of available resources. The National Health System sets out the rights and obligations of health care providers, health workers, health establishments and users. It promotes a spirit of cooperation and shared responsibility among all providers of health services in the Federation. These provisions of the Act are in tandem with Nigeria’s treaty obligations (especially, under the International Covenant on Economic, Social and Cultural Rights) to take steps, to the maximum of available resources, with a view to achieving progressively the full realization of the right to health. The NHA has a number of other provisions which potentially will improve the realization of the right to health of Nigerians. These include the mandate of the Federal Ministry of Health (FMoH) under S.2 (2) to prepare strategic medium-term health and human resource plans annually for the exercise of its powers and the performance of its duties under the Act. The FMoH is to ensure that the national health plan forms the basis for budget preparation and other government planning exercise as may be required by law. The FMoH is to ensure the continuous monitoring, evaluation and analysis of health status and performance of the functions of all aspects of the National Health System; promote adherence to norms and standards for the training of human resources for health; conduct and facilitate health systems research in the planning, evaluation and management of health services; collaborate with the states and local governments to ensure that appropriate mechanisms are set up for the implementation of the National Health Policy; determine the minimum data required to monitor the status and use of resources; etc.
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