Fiji urged to ensure public health bill respects constitutional rights

University of Fiji Vice-Chancellor Professor Shaista Shameem has cautioned that proposed amendments to Fiji's public health legislation must not infringe upon the nation's Constitution. Speaking before the Parliamentary Standing Committee on Social Affairs, Professor Shameem stressed the importance of carefully reviewing any authority granted to officials for ordering medical examinations or interventions.

She argued that public health legislation must operate strictly within constitutional limits, preventing the state from wielding unchecked power over individuals. Professor Shameem suggested that the bill could benefit from a more discursive and dispersed approach to ensure its effectiveness in achieving the goal of a healthy nation, encompassing both health protection and prevention.

Specific concerns were raised regarding the proposed role of the Head of Environmental Health. Professor Shameem called for clearer definitions of this position, including its appointment process, required qualifications, responsibilities, and reporting structure. She warned that ambiguity in powers between the Head of Environmental Health and the Permanent Secretary could lead to confusion and diminish accountability within the health system.

The Ministry of Health, however, defended the proposed changes, asserting that they are designed to offer stronger legal backing for environmental health officers. National WASH Coordinator Toga Vosataki explained that officers require legislative support to address issues such as unsafe housing, sanitation risks, and contaminated water sources. While acknowledging concerns about the wording related to medical intervention, the Ministry maintains the amendments are crucial for effective public health enforcement.

“

Then it needs to be a little bit more discursive and a little bit more dispersed in order to make this bill and the act eventually the legislation really effective get to the aims that you want, which is a healthy nation and a nation that is obviously, you know, not just, you know, just protecting the health but also preventing health issues from coming up and from emanating so that people are unhealthy.