65), 126 Guatemala (arts. 93 and 94), 127 Haiti (art. 19), 128 Honduras (art. 145), 129 Mexico
(art. 4), 130 Nicaragua (art. 59), 131 Panama (art. 109), 132 Paraguay (art. 68), 133 Peru (art.
7), 134 Dominican Republic (art. 61), 135 Suriname (art. 36), 136 Uruguay (art. 44) 137 and
Venezuela (art. 83). 138
124
“Article 19. The Constitution ensures to all persons: … 9. The right to protection of health. The State
protects free and equal access to the actions for health promotion, protection and recovery, and for the
rehabilitation of the individual. The State shall also coordinate and control actions related to health, whether these
are provided by public or private institutions, in the way and under the conditions determined by law, which may
establish obligatory contributions. Everyone shall have the right to choose the health care system that he or she
wishes to use, either public or private ….”
125
“Article 32. Health is a right guaranteed by the State, and its realization is related to the exercise of other
rights, including the right to water, food, education, physical culture, work, social security, a healthy environment
and others that support well-being. The State shall guarantee this right by economic, social, cultural, educational
and environmental policies, and the permanent, opportune and inclusive access to programs, actions and services
for the promotion of and integral attention to health care, sexual health and reproductive health. The provision of
health care services shall be governed by the principles of equity, universality, solidarity, interculturalism, quality,
efficiency, efficacy, care and bioethics, with a gender-based and generational approach.”
126
“Article 65. The health of the inhabitants of the Republic is a right. The State and the individual are
obliged to ensure its conservations and restoration.”
127
“Article 93. The right to health. The enjoyment of health is a fundamental right of the human being,
without any discrimination whatsoever.”
“Article 94. Obligation of the State concerning health and social assistance. The State shall ensure the
health and the social assistance of all the inhabitants. It shall develop through its institutions, actions of
prevention, promotion, recovery, rehabilitation, coordination and any pertinent complementary measures in order
to ensure the most complete physical, mental and social well-being.”
128
“Article 19. The State has the absolute obligation to guarantee the right to life, health and respect for the
persona of all citizens without any distinction, pursuant to the Universal Declaration of Human Rights.”
129
“Article 145. The right to protection of health is recognized. It is the obligation of everyone to participate
in the promotion and preservation of his or her personal health and that of the community. The State shall
conserve an adequate environment to protect the health of the individual.”
130
“Article 4. Every person has the right to the protection of his or her health. The law shall define the bases
and methods of access to health care services and shall establish the contribution of the Federation and of the
federative entities as regards general health care, pursuant to paragraph XVI of article 73 of this Constitution.” See
the recent study by Carbonell, José, and Carbonell, Miguel, El derecho a la salud: una propuesta para México,
Mexico, UNAM-IIJ, 2013.
131
“Article 59. All Nicaraguans have an equal right to health. The State shall establish the basic conditions for
its promotion, protection, recovery and rehabilitation. The State is responsible for heading and organizing health
care programs, services and actions and promoting the participation of the population in its defense. The citizens
have the obligation to obey the public health measures that are determined.”
132
“Article 109. It is an essential function of the State to ensure the health of the population of the Republic.
The individual, as a member of the community has a right to the promotion, protection, conservations, restoration,
and rehabilitation of health and the obligation to conserve his or her health, understood as complete physical,
mental and social well-being.”
133
“Article 68. On the right to health. The State shall protect and promote health as a fundamental right of
the individual and in the interest of the community. No one shall be deprived of public assistance to prevent or to
treat diseases, pests or plagues, and of aid in cases of catastrophes and accidents. Everyone is obliged to submit to
the public health measures established by law, within the respect for human dignity.”
134
“Article 7. Everyone has the right to the protection of his or her health, that of the family, and that of the
community, as well as the obligation to contribute to its promotion and defense. All those who are incapable of
protecting themselves owing to a physical or mental disability have the right to respect for their dignity and a legal
regime of protection, attention, rehabilitation and safety.”
135
“Article 61. The right to health. Everyone has the right to integral health. Consequently: (1) The State
must ensure protection of the health of everyone, access to potable water, and improvement of the diet, public
health services, conditions of hygiene, and environmental health, and also procure the means to prevent and treat
all diseases, ensuring access to high-quality medicines and providing medical and hospitalized assistance free of
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