La Protección a la Salud en la Constitución Española PDF

## **La protección a la salud en la Constitución** **3. La protección a la salud en la Constitución** - The foundation for the **Law 14/1986** of **April 25th**, **General de Sanidad**, can be found in the **social state of law**, which is promoted in article 1.1 of the **Spanish Constitution** of...

## **La protección a la salud en la Constitución** **3. La protección a la salud en la Constitución** - The foundation for the **Law 14/1986** of **April 25th**, **General de Sanidad**, can be found in the **social state of law**, which is promoted in article 1.1 of the **Spanish Constitution** of **1978**. - This type of state is described in the **Preliminary Title** of the **Constitutional Act**. - **Article 9.2** states that: _"promoting the conditions needed to ensure that the freedom and equality of the individual are not hindered by their social and economic situation, and to facilitate the full participation of all citizens in political, economic, cultural and social life"_. **- Chapter Three** of **Title I**, on the **principles of the social and economic policy**, sets out that: - **The public authorities**: _"are responsible for protecting health" (art. 43.1 CE)_, and that they are responsible for: - _"Organizing and protecting public health through preventative measures and healthcare provision and services"_ - _"Establishing the rights and obligations related to public health protection for all citizens" (art. 43.2 CE)_ - _"Promoting health education" (art. 43.3 CE)_. - The inclusion of the right to **health protection** within **Chapter Three** of the **Constitution** reflects that **health protection** is a leading principle in **social and economic policy**. - This law is not directly protected by the **Constitution** because it is defined in **Chapter One** of **Title One**, but is indirectly protected because it is only invoked in **court proceedings**, when the **Constitution** is the basis for rights and obligations. **4. La Seguridad Social en la Constitución** - **Article 41** of the **Spanish Constitution** recognises the _**right to social security, guaranteeing assistance and social benefits when citizens face hardship**_, particularly in cases of **unemployment**. - The **Decree-Law 8/2015**, of **October 30th**, which approves the **Consolidated Text of the Social Security Law**, defines the **Social Security system**. - **Chapter One** of **Title One** of this text defines the **scope of application** and the **structure of the Social Security System**. - The **scope of application** is defined in **article 7** of the **Decree-Law** and covers: - **All Spanish nationals** residing in **Spain**, and **foreign nationals** residing in **Spain** if they are legally there, - **All individuals** who are **working** and who are registered under the following conditions: - **Employees** if they meet the conditions established in **Article 1.1 of the Consolidated text of the Statute of Workers**. - **Self-employed workers** over the age of **18**. - **Members of worker cooperatives**. - **Students**. - **Civil servants**. - **Military Personnel.** - **All Spanish nationals** residing in **Spain**, and **foreign nationals** residing in **Spain** if they meet the conditions of the **Organic Law 4/2000** of **January 11th on the rights and freedoms of foreigners in Spain and their integration into Spanish society, and in the international treaties, agreements or agreements** subscribed or ratified to this end. - **Recipients of non-contributory benefits** **The Constitution** also includes a distinction between **public health** and **healthcare**, which stems from the history of public intervention in health. - The **Constitutional Act** does not definitively state that **healthcare** should be included in **Social Security**. - While the **Constitutional Act** does not explicitly define the content of **Social Security**, it does offer various options. - **The General Health Law** ( **Law 14/1986** ) establishes the **National Health System**, which is **decentralised**, with the **Autonomous Communities** at its core, and with a **universal health service**. - There are two key factors that limit the implementation of the **National Health System**: - **The social security contributions** that finance the health system. - **Some Autonomous Communities** haven't fully taken on the **Social Security system** (those who came to power through **article 143** of the **Constitutional Act**). - **Article 45** of the **General Health Law** states that: _"*the National Health System encompasses the functions and services related to public health which are the responsibility of the public authorities, in order to ensure the necessary compliance with the right to health protection*."_