Summary:
This law establishes general principles and guidelines on the health system, and the conditions for the promotion, protection, and recovery of health. Implementation and control mechanisms are coordinated between the national and local levels. This law has been amended several times.
Description:
General Overview on the conditions for the promotion, protection, and recovery of health
The law on the conditions for the promotion, protection, and recovery of health introduces regulation about Unified Health System [Sistema Único de Saúde]. It also shares the authority in health matters between the three levels of government: national, regional (states of federation) and local (municipal level). For FULL purposes, this law describe the following points regarding the right to health:
- It considers health as fundamental human right. In this sense, the State must provide the necessary conditions for its full exercise (Article 2).
- The State duty to guarantee the right to health consists in the formulation and execution of economic and social policies. These policies aim to reduce risks of diseases. In addition, they establish conditions that ensure universal and equal access to health actions and services (Article 2, paragraph 1).
Moreover, it recognizes the social determinants of health (Article 3), such as
- food,
- housing,
- basic sanitation,
- the environment,
- work,
- income,
- education,
- physical activity,
- transportation,
- leisure, and
- access to essential goods and services.
Considering these factors, among others, health levels reflect the country’s social and economic organization, as health is both determined and conditioned by them (Article 3).
Food and Nutrition
Regarding food and nutrition policies the national level of government (federal) is responsible for formulating, evaluating, and supporting them (Article 17). Furthermore, the regional level must coordinate and, subsidiarily, carry out food and nutrition-related actions and services, while the local level has only to execute actions related to these policies (Articles 18 and 19).