KATHMANDU, FEBRUARY 8

Nepali authorities must immediately comply with the Supreme Court's directives on measures to ensure equal access to COVID health services, the International Commission of Jurists said today.

The SC, on January 25, had noted the need for the government to coordinate with different offices at provincial and local levels and to make special arrangements for the immediate and easy distribution of medicines. This order follows earlier orders issued during the second wave of COVID-19 pandemic, when the apex court on 17 May 2021 ordered the authorities to prepare a detailed 'Plan of Action' to respond to the expected 'third wave' and 'other possible infection'.

Despite the Court's directive, Nepali authorities have failed to make available even basic essential medicines such as paracetamol, often used to treat COVID-19 in Nepal. 'The shortage of even the essential medicine paracetamol shows that the Nepal government did not take adequate preparatory measures to implement the orders of the Supreme Court,' said Mandira Sharma, senior international legal adviser of the ICJ in a press release.

'The government appears to have disregarded its duty to respect the lawful orders of the country's highest judicial authority and placed in jeopardy the lives and well-being of Nepal's population.'

The constitution guarantees the right to free basic health services from the State. The SC has indicated that under the Public Health Act 'health services for infectious diseases such as COVID-19 fall under the category of basic health services and should therefore be provided free'.

Under Article 12 of the International Covenant on Economic, Social and Cultural Rights, Nepal has international obligation to ensure that everyone has access to healthcare services, including medicines required for the treatment of COVID-19. Medicines provided must be affordable and of adequate quality in order to comply with this obligation.

A version of this article appears in the print on February 9, 2022, of The Himalayan Times.