In any civilized society, access to healthcare is not just a necessity—it is a fundamental human right. In Pakistan, the legal framework surrounding health and medical services is multifaceted, drawing from constitutional principles, federal and provincial legislation, and international commitments. This article explores the essential health laws in Pakistan and the rights and responsibilities of citizens and institutions under these legal frameworks.
Article 9 of the Constitution of the Islamic Republic of Pakistan provides that “no person shall be deprived of life or liberty save in accordance with law.” The right to life has been expansively interpreted by the superior courts to include the right to health, clean environment, and access to basic medical facilities.
Similarly, Article 38(d) places an obligation on the State to provide basic necessities, including medical relief, to its citizens irrespective of their status or background.
Several important statutes and ordinances govern the healthcare sector in Pakistan:
Regulates the medical and dental professions in Pakistan. It ensures proper registration of practitioners and accreditation of institutions.
This law established the DRAP, which regulates pharmaceutical drugs, ensures their safety and quality, and prevents counterfeit medicines.
This law regulates organ donation and transplantation. It criminalizes illegal organ trade and sets conditions under which organ transplantation can take place.
This law regulates both public and private healthcare establishments to ensure quality, ethics, and patient safety.
After the repeal of the Lunacy Act of 1912, mental health is now governed under provincial laws like:
The Sindh Mental Health Act, 2013
The Punjab Mental Health Act, 2014
These laws aim to protect the rights of patients with mental illnesses.
In response to the COVID-19 pandemic, Pakistan also adopted various emergency measures under the Pakistan Epidemic Diseases Act, 1958, and other provincial regulations to control the spread of disease and ensure vaccination and testing compliance.
Furthermore, Telemedicine policies are under active development, aiming to regulate virtual healthcare services, which have gained popularity in the digital age.
Patients in Pakistan are legally entitled to:
Dignified and non-discriminatory treatment
Informed consent before medical procedures
Confidentiality of medical records
Emergency treatment without advance payment (especially in life-threatening situations)
Pakistan is a signatory to various international treaties, such as the International Covenant on Economic, Social and Cultural Rights (ICESCR), which recognizes the right to the highest attainable standard of physical and mental health.
Health law violations can be challenged through:
Constitutional petitions (Writ Jurisdiction) before High Courts
Civil suits for compensation in cases of medical negligence
Complaints before healthcare regulatory authorities
Legal practitioners play a vital role in helping patients assert their rights, represent healthcare professionals and institutions, and address issues such as medical malpractice, licensing, and regulatory compliance.
At MyCase.com.pk, our legal experts understand the complexities of health laws in Pakistan. Whether you're a patient, a medical practitioner, or a healthcare institution, you can consult with experienced lawyers to:
File complaints for medical negligence
Understand licensing and regulatory obligations
Get advice on healthcare business setup and compliance
Represent your rights in courts or before regulatory bodies
📞 Have a health-related legal concern?
Post your question today at MyCase.com.pk and receive advice from certified legal professionals near you.
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