MUNICIPALITY AND HEALTH
By: Attorney Eduardo Lara Salazar
edularalaw@gmail.com
Like education, the State must include in their planning for health as a priority, since it involves not only the survival of the human species, but also that of their own for what the population is a component of it.
The Constitution of the Bolivarian Republic of Venezuela (Constitution, 1999) sets out the responsibilities of the various bodies that confirm the Public Power. About Health has said it is a fundamental social right and obligation of the State, which guarantees as the right to life, should promote and develop public policies geared towards enhancing the quality of life of the population, the collective welfare and access to services, all have the right to health and duty to participate actively in advocacy, compliance with health and hygiene measures established by law in accordance with valid international treaties and conventions signed and ratified by the Republic.
also be viewed as a concurrent jurisdiction with national and state power as the basic text mentions that it should create a national pubic health services, intersectoral, decentralized, participatory and integrated social security system governed by principles such as gratuity, universality, equity, social integration and solidarity, not privatized. Vale comment on this principle that is not the same as private parties to attend in their delivery to them is prevented or prohibited.
Moreover, the Organic Law of Municipal Public Power (LOPPM, 2009) to regulate the jurisdiction over the affairs of the local community, has been assigned a range of direct and related materials, such as the Municipality is responsible sanitation and primary health care. This is according to the Organic Law of Health (LOS, 1998), a basic framework which will be fulfilled tasks of protection, prevention, diagnosis and treatment on an outpatient basis, regardless of age, sex or complaints.
For the execution is possible through the so-called Media Management to the LOPPM contracts, taking alternatives such as associations, foundations, municipal, directory, parcels such as the Organic Law of Public Administration (2008), among others.
has spoken strongly in the transfer of municipal powers to organized communities. One of the matters covered is health.
should not be overlooked the Organic Law on Decentralization, Delimitation and Transfer of Competencies of Public Power (2009) as reference states (provinces).
About this subject, has LOPPM communities and organized neighborhood groups who want to take that or other municipal services, must apply, either expressly, with the burden of proving at least the legal, professional or technical training in the area related to services, to demonstrate previous experience in public service management or service related tasks , legitimacy in the community involved, presenting the project.
Approved the proposal will raise the relevant documentation, which can result in agreements, parcel management, among others, preserving the municipality the power to control and supervision, to ensure good quality in their delivery, being able to intervention necessary.
It should be remembered that health is a competition by the three territorial levels of public power, as has been limited, since not only CRBV has manifested in the terms it establishes, but also the Law Organic Health picks it up, despite being pre-basic text.
I consulted the students of the University Chair on whether the LOS be preconstitucional no force or effect. I must say - again - that this circumstance is not disabled or discredits. The CRBV in Sole Repeal Provision states that will keep the previous law, provided they do not intend to antagonize her. Anyway, the National Assembly as national legislative body, retains the possibility of amending the legal instruments, following the procedures established for the development of the laws of the Constitution.
Examples CRBV laws preceding the strike. Venezuelan Civil Code (1982), the Commercial Code (1955), it is also worth remembering that there have been special nature rules that relate to subjects covered by them, as is the case of Civil Registration, Insurance, Banking, among others, where the priority of special laws is beyond the general, as we were taught studying the Pyramid of Kelsen.
reader is suggested to take a look at other articles that I wrote called "municipal competences", "From the Municipal Organization and Management", "Media Management", "public authorities", "From Local Planning Councils "or" The CLPP "," The communal councils as the Organic Law of 2009 "," Municipality and Planning "," City and LOPNNA ", among others, to have more general information.
Another time he will play other topics on the subject.