Decree 12-2023
Congreso Nacional
- Decree: 12-2023
- Published: March 22, 2023
- Issuing body: Congreso Nacional
- Gazette: 36,186
- Category: Health
Summary
This decree eliminates the mandatory use of face masks in Honduras, except in hospitals, educational centers with enclosed spaces, and crowded places without distance. It repeals the 2020 law requiring mandatory masks and COVID tests, allowing the Health Secretariat to educate citizens about biosecurity protocols based on the current epidemiological situation.
Considerations
Whereas Article 59 of the Constitution of the Republic declares that 'the human person is the supreme end of society and the State and all have the obligation to respect and protect it, being the dignity of the human being inviolable'.
Whereas Article 331 of the Constitution of the Republic declares that: 'The freedoms of consumption, savings, investment, occupation, initiative, commerce, industry, contracting of enterprise and any other that emanate from the principles that form part of this Constitution are recognized, guaranteed and promoted. However, the exercise of such freedoms may not be contrary to the social interest nor harmful to morality, health or public safety'.
Whereas Article 145 of the Constitution of the Republic enshrines the guarantee of the right to health and Article 141, the right to education, to the economic and social development of the Honduran population, in accordance with the rights established in the Universal Declaration of Human Rights adopted by Honduras on December 10, 1948; as well as the other International Instruments in matters of Health and Education of which Honduras is a part.
Whereas the State of Honduras has administered more than 13.5 million doses of vaccines against COVID-19, having in recent months a considerably low number of COVID-19 infections, as well as hospital bed occupancy in the health system hospitals, due to the disease.
Whereas Legislative Decree No. 58-2020 of May 21, 2020, published in the Official Gazette on May 23 of the year 2020, in its Edition No. 35,261, was issued at the beginning of the COVID-19 pandemic and in an emergency situation, which does not respond to the prevailing situation, and that despite the fact that the face mask has fallen into disuse in the country or is used inappropriately; COVID-19 cases remain at historically low levels.
Whereas it is of utmost importance the normal return to in-person classes for our children and other areas of national life, normalizing activities that allow the economic development of the country, being necessary to overcome unnecessary limitations in the current regulations related to the COVID-19 pandemic, among other factors, because the great majority of the Honduran people have limited resources and cannot acquire or purchase face masks daily. Likewise, given that there are strong indications that many rules created for the COVID-19 pandemic are used by interested sectors to prevent the normalization of educational activities.
Whereas in accordance with Attribution 1) of Article 205 of the Constitution of the Republic, it is the power of the National Congress: To create, decree, interpret, reform and repeal laws.
Amendments
- Modifies: Law on Mandatory Use of Masks and Application of Protocols (23-05-2020) (Repeal)
Articles
The Secretary of State in the Office of Health (SESAL) must strengthen programs and communication campaigns to educate and instruct society on the use of masks or face coverings and on maintaining biosecurity protocols in accordance with epidemiological states and the recommendations of the World Health Organization (WHO), as well as continue with the vaccination scheme against the Coronavirus/COVID-19 virus, without prejudice to maintaining the use of masks or face coverings in the following places or spaces:
- 1)
Public and private health service provider establishments, such as: hospitals, health establishments, medical clinics, dental clinics, pharmacies, clinical laboratories, dental laboratories and others that provide health services to the population, both for employees and for users;
- 2)
Spaces where physical distancing of at least one point five meters (1.5 meters) cannot be maintained, when these are closed, crowded and poorly ventilated spaces, as established by the Secretary of State in the Office of Health, in accordance with epidemiological behavior; and,
- 3)
Public and private educational centers at all levels, in which spaces are reduced, closed and poorly ventilated, as established by the Secretary of State in the Office of Health (SESAL), in accordance with epidemiological behavior.
The Secretary of State in the Office of Health (SESAL) is authorized, as the governing entity of the health sector, to decide on the functioning, operability, partial or total closure of temporary stabilization centers, triage units or other care units for patients with acute respiratory infections, as well as to determine the amount of resources necessary for their functioning.
The functioning of the International Health Offices is regulated in accordance with current regulations established by the Secretary of State in the Office of Health (SESAL), in accordance with current norms at the regional level.
The obligation to present negative Coronavirus/COVID-19 laboratory test results to visitors of any public and/or private establishment is nullified and rendered null and void.
The obligation to present PCR Tests, Antigens, Coronavirus/COVID-19 Vaccination Certificate, as well as any documentation related to the Coronavirus/COVID-19 virus, to national and/or foreign persons entering or leaving the national territory is nullified and rendered null and void.
All State institutions are instructed to review and update prevention measures against Coronavirus/COVID-19, in accordance with the present Decree and with any other recommendations that the Secretary of State in the Office of Health (SESAL) may issue for such purpose.
Legislative Decree No. 58-2020 of May 21, 2020, published in the Official Gazette "La Gaceta", on May 23, 2020, in its Edition No. 35,261, containing the LAW ON MANDATORY USE OF MASKS AND APPLICATION OF BIOSECURITY PROTOCOLS is hereby repealed.
This 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, in the Chamber of Sessions of the National Congress, on the eighth day of the month of March in the year two thousand twenty-three. LUIS ROLANDO REDONDO GUIFARRO PRESIDENT LUZ ANGÉLICA SMITH MEJÍA SECRETARY SILVIA BESSY AYALA FIGUEROA SECRETARY To the Executive Power Therefore: Execute it. TEGUCIGALPA, M.D.C., March 16, 2023. IRIS XIOMARA CASTRO SARMIENTO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF HEALTH JOSÉ MANUEL MATHEU AMAYA
Related laws
- Acuerdo Ministerial No. SETRASS-138-2023 — Suspensión de aplicación de Manuales y Protocolos de Bioseguridad por COVID-19 (Decree SETRASS-138-2023, 2023)
- Resolution GEE No. 378/12-06-2024 of the National Commission of Banks and Insurance by means of which the modification of the deed of incorporation and bylaws of Corporación Financiera Internacional S.A. (COFINTER) is authorized — The National Banking and Insurance Commission authorizes Corporación Financiera Internacional S.A. (COFINTER) to modify its articles of incorporation and bylaws to adapt them to new corporate governance standards. This allows the company to update its internal rules on administrative structure, shareholder rights, and oversight, complying with current financial regulations.
- Resolución No. CREE-54-2023 — Modificación del artículo 53 del Reglamento para el Cálculo de Tarifas Provisionales — This CREE resolution allows electricity distribution companies, especially ENEE, to continue using a special mechanism to adjust electric rates through 2024. This mechanism recovers differences between estimated and actual electricity generation costs, preventing abrupt rate increases for consumers. (Decree CREE-54-2023, 2023)
- Decreto Ejecutivo No. PCM-10-2024 — Retorno de la dirección, administración y funcionamiento del Hospital Escuela a la Secretaría de Salud (Decree PCM-10-2024, 2024)
- Acuerdo Ejecutivo No. 02-RCAPP-2023 — Imposición de penalización a Empresa Energía Honduras por incumplimiento de indicador de Efectividad en la Recaudación del sexto año (Decree 02-RCAPP-2023, 2023)