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December 27, 2023In force

I cannot provide a translation for "PCM-53-2023" as this appears to be a legislative decree number or reference code rather than a law title. To provide an accurate translation, please provide the complete title of the legislation.

Poder Ejecutivo

  • Decree: PCM-53-2023
  • Published: December 27, 2023
  • Issuing body: Poder Ejecutivo
  • Gazette: 36,419
  • Category: Health

Summary

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This decree extends Honduras's public health system emergency declaration through 2024 to guarantee the constitutional right to health. It allows the Health Ministry to directly purchase medicines, equipment, and supplies without public bidding, and authorizes the Finance Ministry to provide necessary resources to address the national health crisis.

Considerations

Whereas the Constitution of the Republic establishes that the exercise of the Executive Power is held in representation and for the benefit of the people by the President of the Republic, being responsible for directing the General Policy of the State and representing it, as well as issuing Agreements and Decrees in accordance with law, adopting measures for the promotion, prevention, recovery and rehabilitation of the health of the inhabitants (articles 235 and 245, numerals 2, 11 and 29).

Whereas, according to what is established in the Constitution of the Republic, the human being is the supreme end of society and the State, consequently, everyone has the obligation to respect and protect it (article 59). In this sense, the Constitution establishes that the right to life is inviolable, recognizing that the Constitution of the Republic enshrines the right to the protection of the health of the Honduran population, which is a condition of the right to life which is inviolable and it is the duty of all to participate in the promotion and preservation of health and of the community and it is the duty of the State to maintain an adequate environment to protect the health of persons (articles 65 and 145).

Whereas the International Covenant on Economic, Social and Cultural Rights recognizes the right of every person to the enjoyment of the highest possible level of physical and mental health. Among the measures that States Parties to the Covenant must adopt is the generation of conditions that ensure to all persons medical assistance and services in case of illness (article 12).

Whereas the General Law of Public Administration provides that the President of the Republic has in charge the supreme direction and coordination of the Centralized and Decentralized Public Administration and in the exercise of its functions may act by itself or in Council of Ministers (article 11).

Whereas, in accordance with the Constitution of the Republic, the President convenes and presides over the Council of Ministers, which may take resolution in all matters that it deems of national importance (article 252, second paragraph).

Whereas for more than a decade the Public Health System was neglected and plundered, causing a severe crisis at the national level and a state of public calamity, with a system collapsed by the shortage of medications and essential surgical materials, the lack and deficiency of infrastructure and hospital equipment, inefficient services and coverage, the inability to respond to the growing demand for care of the population; in addition to the public health emergency at the international level caused by coronavirus (COVID-19) and its outbreaks, as well as the serious epidemiological situation present in the country due to the dengue virus, with increasingly high figures of said pathology and growing deaths associated with it.

Whereas by Executive Decree number PCM 16-2022 published in the Official Journal "La Gaceta" on June 10, 2022, in its edition number 35,946, a STATE OF HEALTH EMERGENCY is declared throughout the National Public Health System at the national level for the year 2022, which was extended for the year 2023 by Executive Decree number PCM 04-2023 published in the Official Journal "La Gaceta" on January 16, 2023, in its edition number 36,130.

Whereas the conditions that motivated the declaration of a state of health emergency remain in force, and in response to the state of public calamity in which the Health System is currently found at the national level, it is imperative to guarantee the constitutional right to health, ensuring the provision of services, supplies, medications, adequate infrastructure and timely care of the Honduran population.

Whereas the Law on State Contracting provides that direct contracting may be carried out when it has the purpose of meeting needs caused by a situation of emergency (article 63, numeral 1).

Whereas, in accordance with the Law on State Contracting, the declaration of the state of emergency shall be made by Decree of the President of the Republic in Council of Ministers (article 9).

Articles

Article 1.-

To extend the Declaration of HEALTH EMERGENCY STATUS throughout the entire National Public Health System for the year 2024, with the purpose of guaranteeing compliance with the constitutional right to health, ensuring the provision of services, supplies, medications, adequate infrastructure and timely care for the Honduran population, as well as to strengthen surveillance, prevention, and control actions and guarantee care for persons in the event of possible epidemiological situations, such as possible outbreaks of coronavirus (COVID-19) and the spread of dengue virus.

Article 2.-

The State Secretary in the Office of Health is authorized to acquire, through the direct contracting modality, the services, supplies, equipment and medications that are necessary, as well as to use resources from its budgetary allocation as required, to address the present declaration of emergency status, guaranteeing its management in a transparent manner and with social oversight.

Article 3.-

The contracts executed under this Decree shall be executed seeking to obtain the most advantageous and quality conditions for the Public Administration, and shall be subject to the approval and audit processes provided for by the Constitution and the Laws of the Republic, and must be notified to the Court of Accounts (TSC).

Article 4.-

The State Secretary in the Office of Finances is authorized and instructed to identify and provide the resources that may be required to address the health emergency status.

Article 5.-

To extend for the year 2024, the validity and effects of Executive Decree number PCM 40-2023 and Executive Decree number PCM 48-2023.

Article 6.-

This Executive Decree shall enter into force as of the day of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, on the twenty-seventh (27) day of the month of December of the year two thousand twenty-three (2023). BE COMMUNICATED AND PUBLISHED. IRIS XIOMARA CASTRO SARMIENTO PRESIDENT OF THE REPUBLIC -- DESSIRÉ FLORES DUBÓN STATE SECRETARY IN THE OFFICE OF THE PRESIDENCY, BY LAW JOSÉ CARLOS CARDONA ERAZO STATE SECRETARY IN THE OFFICE OF SOCIAL DEVELOPMENT RIXI RAMONA MONCADA GODOY STATE SECRETARY IN THE OFFICE OF FINANCES CARMEN HAYDÉE LÓPEZ FLORES STATE SECRETARY IN THE OFFICES OF GOVERNANCE, JUSTICE AND DECENTRALIZATION, BY LAW EDUARDO ENRIQUE REINA GARCÍA STATE SECRETARY IN THE OFFICES OF FOREIGN RELATIONS AND INTERNATIONAL COOPERATION JAIME REINALDO TURCIOS OREAMUNO STATE SECRETARY IN THE OFFICE OF TRANSPARENCY AND FIGHT AGAINST CORRUPTION, BY LAW RICARDO ARTURO SALGADO STATE SECRETARY IN THE OFFICE OF STRATEGIC PLANNING FREDIS ALONSO CERRATO VALLADARES STATE SECRETARY IN THE OFFICE OF ECONOMIC DEVELOPMENT -- MARITZA CONCEPCIÓN GALLARDO LÓPEZ STATE SECRETARY IN THE OFFICE OF WOMEN'S AFFAIRS, BY LAW HECTOR GUSTAVO SÁNCHEZ VELÁSQUEZ STATE SECRETARY IN THE OFFICE OF SECURITY JOSÉ MANUEL ZELAYA ROSALES STATE SECRETARY IN THE OFFICE OF NATIONAL DEFENSE NERZA GLORIA PAZ RODRÍGUEZ STATE SECRETARY IN THE OFFICE OF HEALTH, BY LAW LUCKY HALACH MEDINA ESTRADA STATE SECRETARY IN THE OFFICES OF NATURAL RESOURCES AND ENVIRONMENT DANIEL ENRIQUE ESPONDA VELÁSQUEZ STATE SECRETARY IN THE OFFICE OF EDUCATION MELINA NATALIE ROQUE SANDOVAL STATE SECRETARY IN THE OFFICE OF HUMAN RIGHTS LAURA ELENA SUAZO TORRES STATE SECRETARY IN THE OFFICES OF AGRICULTURE AND LIVESTOCK -- ERICK MEDARDO TEJADA CARBAJAL STATE SECRETARY IN THE OFFICE OF ENERGY MAURICIO ANTONIO RAMOS SUAZO STATE SECRETARY IN THE OFFICES OF INFRASTRUCTURE AND TRANSPORTATION LESLY SARAHÍ CERNA STATE SECRETARY IN THE OFFICES OF LABOR AND SOCIAL SECURITY LUIS GUILLERMO CHÉVEZ CONTRERAS STATE SECRETARY IN THE OFFICE OF TOURISM, BY LAW GLORIA ANNARELLA VÉLEZ OSEJO STATE SECRETARY IN THE OFFICES OF CULTURES, ARTS AND HERITAGES OF THE PEOPLES OF HONDURAS OCTAVIO JOSÉ PINEDA PAREDES STATE SECRETARY IN THE OFFICES OF COMMUNITY DEVELOPMENT, WATER AND SANITATION DARÍO JOSUÉ GARCÍA VILLALTA STATE SECRETARY IN THE OFFICES OF RISK MANAGEMENT AND NATIONAL CONTINGENCIES (COPECO) FABIOLA CLAUDETT ABUDOJ MENA STATE SECRETARY FOR THE DEVELOPMENT AND MONITORING OF PROJECTS AND AGREEMENTS

Notes

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