Date of publication:
01/08/2026
Somalia
Do domestic laws and policies provide access to effective administrative or judicial remedies for forcibly displaced and stateless persons who face violations of their right to health?
Assessment by population
Analysis
The Federal Government of Somalia and Somaliland have both developed domestic legal and policy frameworks that recognize the right to healthcare as an essential component of the broader human right to health. These frameworks promote equitable access to health services for all individuals, including forcibly displaced persons (FDPs) such as internally displaced persons (IDPs), refugees, and asylum seekers. National health policies in both jurisdictions emphasize non-discrimination and the obligation of the state to provide accessible and affordable healthcare, aligning with international standards such as the International Covenant on Economic, Social and Cultural Rights (ICESCR).
However, while these laws affirm the right to health in principle, explicit legal provisions that establish clear, enforceable mechanisms for individuals to seek redress when healthcare access is denied or inadequate remain limited or underdeveloped. Although general anti-discrimination and human rights guarantees are present within constitutional and policy documents, they are not always linked to specific administrative or judicial procedures that allow individuals—particularly vulnerable or displaced populations—to challenge health-related rights violations. As a result, legal recourse for those denied health services may be inconsistent or inaccessible in practice.
Strengthening legal accountability mechanisms—such as complaint procedures, independent oversight bodies, and accessible health ombudsperson services—could significantly enhance the enforcement of healthcare rights. Establishing clear pathways for redress would ensure that individuals, including FDPs, can hold duty bearers accountable and access remedies when healthcare rights are infringed. While current frameworks lay a foundational commitment to health equity, expanding these protections through more robust legal remedies would reinforce Somalia and Somaliland’s commitment to health as a right for all.
Related provisions of domestic law or policy
Constitution of the Republic of Somaliland
- Year: 2001
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2001/en/72769
Legal provision
Article 28.2 - Right to Sue and Defend
Every person shall have the right to defend himself in a court.
Article 28.1 - Right to Sue and Defend
Every person shall have the right to institute proceedings in a competent court in accordance with the law.
Constitution of Somalia
- Year: 2012
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2012/en/97615
Legal provision
Article 39.2 - Redress of Violations of Human Rights
Redress of violations of human rights must be available in courts that the people can readily access.
Article 39.1 - Redress of Violations of Human Rights
The law shall provide for adequate procedures for redress of violations of human rights.