42. RIGHT TO HEALTH The BNHRC underscores that the Constitution provides that it shall be the duty of the State to take measures to raise the level of nutrition and improve public health.43 The Constitution also refers to food and medical care as the basic necessities of life and makes it a fundamental responsibility of the State to secure these for all citizens.44 43. The BNHRC acknowledges the significant progress made by the GoB in reducing child mortality. Children’s access to their right to health and nutrition was evident from the reduction in the rates of child mortality and epidemics. According to the Bangladesh Demographic and Health Survey (BDHS) 2007, the infant mortality rate was 43 per thousand and the child mortality rate under the age of 5 years was 53 per thousand in 2011.45 Between 1990 and 2006, Bangladesh’s annual average rate of reduction in the under-five mortality rate was 4.8; a rate of 3.6 will be required to achieve the relevant Millennium Development Goal in 2015.46 According to BDHS, the under-five mortality rate per 1,000 live births declined from 88 in 1999-2003 to 65 in 2002-2006, while the infant mortality rate declined from 65 to 52. The neonatal mortality rate declined from 41 in 1999-2003 to 37 in 2002-2006, showing far less improvement than under-five mortality. The average rate of reduction in mortality between 1991 and 2004 was 9.4 per cent among children aged between 1-4 years but only 2.6 per cent among neo-natals.47 44. The BNHRC, however, takes into consideration that, according to UNICEF’s Multiple Indicator Cluster Survey 2012-2013, the infant mortality rate was 46 per thousand and under-five mortality rate was 60 per thousand. In 2012-2013, the infant mortality rate of female child was 39 per thousand and under-five mortality rates of female child is 50 per thousand. The infant mortality rate of the male child was 53 per thousand and the under-five mortality rate of the male child was 68 per thousand. In rural areas, infant mortality rate was 49 per thousand and under-five mortality rate was 63 per thousand. The probability of infant mortality rates in urban areas was 38 per thousand and the under-five mortality rate was 47 per thousand. The percentage of post-natal health checks for newborns was 24 per cent by a provider at home and 81 per cent by skilled health personnel. 48 43 Article 18 of the Constitution of Bangladesh. Article 15 of the Constitution of Bangladesh. 45 Ministry of Health & Family Welfare, Annual Report 2012-2013, p. 80. 46 Supra 22, p. 83. 47 Ibid, at pp. 83- 84. 48 UNICEF, Multiple Indicator Cluster Survey 2012-2013, May 2014, p. 2. 44 18