Amendment to Articles of the Framework Law of the Social Protection System
Congreso Nacional
- Decree: 106-2018
- Published: August 22, 2019
- Issuing body: Congreso Nacional
- Gazette: 35,029
- Category: Labor
Summary
This law reforms Honduras' Social Protection System to expand the benefits of the Social Protection Floor, including basic income, scholarships, and services for children with disabilities. It benefits poor and vulnerable people by progressively guaranteeing access to health services, medical care, and social protection based on actuarial studies.
Considerations
Whereas social security is an instrument of the State in service of Social Justice, which has the purpose of guaranteeing the human right to health, medical assistance, protection of means of subsistence, and social services, necessary for the achievement of individual and collective welfare, which shall be applied in a gradual and progressive manner based on actuarial studies conducted for such purpose.
Whereas by means of Decree No. 56-2015 dated May 21, 2015, the FRAMEWORK LAW OF THE SOCIAL PROTECTION SYSTEM was approved.
Whereas in Article 7 of Decree No. 56-2015, the regime of the "Social Protection Floor" by its acronym SPF is created, which is the non-contributory pillar that guarantees access to essential services and social transfers with emphasis on the poorest and most vulnerable persons. Its approach incorporates the universal extension of social protection, but giving budgetary preference to the care of the population in situations of poverty and high vulnerability.
Whereas the Social Protection Floor (SPF) constitutes the progressive platform for solidary social development and includes and is the starting point to build the universalization, inclusion, and fulfillment of the rights to social development of the population; being furthermore, a measure to gradually build the achievement of contributory forms, leading to successive regimes of social protection.
Whereas March 15 commemorates International Consumer Day.
Whereas it is the duty of the National Congress to protect the individual or collective interests of consumers in the terms established by Law.
Whereas it is within the competence of the National Congress in accordance with Article 205 Attribution 1) of the Constitution of the Republic: To create, decree, interpret, reform, and repeal laws.
Articles
Reform Articles 8 and 57 of Decree No. 56-2015 dated May 21, 2015, containing the FRAMEWORK LAW OF THE SOCIAL PROTECTION SYSTEM, which shall henceforth be read as follows:
BENEFITS, PLANS AND PROGRAMS OF THE SOCIAL PROTECTION FLOOR (PPS).- With the purpose of achieving inclusive socioeconomic development, equitable and with a gradual and progressive vocation toward universality, the Social Protection Floor (PPS) must progressively provide, through public, private or mixed institutions, at least the following benefits:
- 1)
Basic income...;
- a)
Transfers...;
- b)
Programs...;
- c)
Implements...;
- d)
Nutrition...;
- e)
Scholarship Program...; and,
- f)
Others...;
- a)
- 2)
Plans.... 3) Plans...; 4) Plans...; 5) Plans...; 6) Plans...; 7) Plans...; 8) Plans...; 9) Creation...; 10) Assistance plans so that girls and boys with disabilities enjoy social security services for life; and, 11) Other essential programs and plans for the adequate promotion and social protection of the community, which are approved by the Council of State Secretaries. The minimum requirements...
PRIORITY OF BUDGETARY ADJUSTMENT.- While the System... From the date on which the Health Care Insurance System Regime reaches the minimum percentage value established to promote its sufficiency and sustainability, only contributions and payments specifically corresponding to this are registered in the accounts of the Health Care Insurance System Regime, and the difference must be entered and recorded accountingly as reserves of the Provisional Regime, within the Collective Capitalization Pillar, as provided by the Social Insurance Law and its Regulations. The sufficiency and sustainability of the Health Care Insurance System Regime referred to in the preceding paragraph must be verified through an actuarial study required by the Social Security Council from the Directory of Specialists, by means of which the fulfillment of said objective is accredited".
This Decree shall enter into force from the day of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the twenty-sixth day of the month of September of the year two thousand eighteen. MAURICIO OLIVA HERRERA PRESIDENT JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY SALVADOR VALERIANO PINEDA SECRETARY SUMMARY Section A Decrees and Agreements LEGISLATIVE BRANCH Decrees Nos. 106-2018 16-2019, 19-2019, 33-2019, 34-2019, 38-2019, 55-2019, 59-2019 A. 1-15 STATE SECRETARIAT IN THE OFFICE OF ENERGY Agreement No. 22-SEN-2019 A. 15 PROGRESS A. 16 Section B Legal Notices Legislative Branch DECREE No. 16-2019 THE NATIONAL CONGRESS, CONSIDERING: That March 15 commemorates the International Consumer Day. CONSIDERING: That it is the duty of the National Congress to protect the individual or collective interests of consumers in the terms established by Law. CONSIDERING: That it is the responsibility of the National Congress in accordance with Article 205 Attribution 1) of the Constitution of the Republic: To create, decree, interpret, reform and repeal laws. FOR SUCH REASON, DECREES:
Declare March 15 as the NATIONAL DAY OF THE HONDURAN CONSUMER.
Disseminate through all national media or possible means of the State and consumer associations what are the duties and rights contained in the Consumer Protection Law.
This Decree shall enter into force from the day of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the twentieth day of the month of March of the year two thousand nineteen. ANTONIO CÉSAR RIVERA CALLEJAS PRESIDENT JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY ROSSEL RENÁN INESTROZA MARTÍNEZ SECRETARY To the Executive Branch. For Such Reason: Execute it. Tegucigalpa, M.D.C., June 20, 2019. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE STATE SECRETARY IN THE OFFICE OF ECONOMIC DEVELOPMENT ARNALDO CASTILLO FIGUEROA To the Executive Branch For Such Reason: Execute it. TEGUCIGALPA, M.D.C., January 3, 2018. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE STATE SECRETARY IN THE OFFICES OF LABOR AND SOCIAL SECURITY CARLOS ALBERTO MADERO ERAZO
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- Resolución No. 67-2009 — Otorgamiento de Personalidad Jurídica y Aprobación de Estatutos de la Junta Administradora de Agua y Saneamiento de la Colonia Brisas del Norte (Decree 67-2009, 2009)
- Resolución No. PJ-03022017-76 — Concesión de Personalidad Jurídica a Junta Administradora de Agua Potable y Saneamiento de Nuevo Plan (Decree PJ-03022017-76, 2017)
- Acuerdo Ejecutivo No. 013-2009 — Reglamento para el Control de los Servicios Privados de Seguridad (Decree 013-2009, 2009)
- Law on Electronic Signatures — This law recognizes electronic signatures as legally valid, allowing governments, banks, and citizens to digitally sign documents with the same validity as handwritten signatures. It creates a secure technological system for managing electronic administrative procedures and modernizes insurance intermediation processes through digital platforms. (Decree 149-2013, 2019)
- Executive Decree PCM-044-2017 creating the State Secretariat in the Offices of Energy, Natural Resources, Environment and Mining — This decree creates the Ministry of Energy (SEN) as the leading institution for Honduras' national energy sector. The SEN formulates, coordinates and implements policies on renewable energy, electricity, hydrocarbons, fuels and nuclear matters. It benefits the country by centralizing energy management to improve efficiency, sustainability and electrical coverage. (Decree 404-2013, 2013)