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Hygiene and environmental safety, Unit 1. Historical Approach to the Right…
Hygiene and environmental safety
Unit 1. Historical Approach to the Right to Health
and the ancient States (Greek and Roman) practiced a health policy. On the other hand, the very societies of these States were clearly aware of the extraordinary importance of personal and collective health. And in years before the French Revolution men of science, such as Johamm P. Frank, distinguished themselves for their clear social concept of medicine and health. the constitutionalism that arose precisely from the French Revolution was alien to social rights; and, therefore, to the right to health. This does not mean that the state of the late 18th, 19th and early 20th centuries will not provide certain health services; but its fulfillment was limited, delinquent and fragmentary. The Constitution of the World Health Organization in one of the paragraphs of its Preamble says: "Health is a state of complete physical, mental, and social well-being, and not only the absence of affections or diseases."
Health in the Panamanian Constitutions of the 20th century ”. Thus, it is explained that in his text there was not a single article dedicated to health. That Constitution was issued in 1916 another Administrative Code. Its Third Book is called "Police" and Title II of the same, called "Moral Police", contains a chapter 9 that deals, among other things, with the Protection of children, poverty, the insane and the Houses of Charity. Likewise, Title III (Material Police) in its Chapter 2 (Public Health) regulates everything related to Apothecaries and Drugstores; Epidemics, Vaccination; Cemeteries; and Population Hygiene. The Constitution of 1941 ”Social assistance is a function of the State. The law will determine the way in which it is provided and the cases in which it should be given ”. The Law created that same year the Social Security Fund and thus initiated, and through other benefits, the right to health protection in Panama. The 1946 constitution dedicated Chapter 5 of Title III to the Salud Pública y Asistencia Social.
. This government remained as a de facto regime for four years (1968 to 1972). The 1972 Constitution was the subject of many criticisms of an autocratic nature, mainly in relation to the structure and functions of the executive and legislative bodies. The 1983 Constitution expanded and consolidated certain essential individual rights; and even added and purged some of the social rights widely enshrined in the original text of the 1972 Constitution. With regard to health, the 83 constitution has maintained all the provisions of the 72, although it has refined the formulation of some of them.
Unit 3. Organic Law of the Social Security Fund
They are subject to the mandatory Social Security regime:
a) All workers at the service of the State, Provinces,
Municipalities, Autonomous and semi-autonomous Entities and decentralized Public Organizations, wherever they provide their services.
b) All workers in the service of natural or legal persons operating in the national territory. c) Independent, seasonal and occasional workers. This obligation will become effective when the Fund regulates the conditions for their admission, as well as the rules for setting contributions, benefits and other special rules. d) Domestic workers in accordance with the special regulations issued by the Fund; Y
e) Pensioners of the Fund and retirees of the State, under the conditions determined by this Law.
3.3. Maternity Risk Maternity Allowance
There is the Maternity allowance, which consists of a cash allowance, which is recognized to the insured in a pregnant state in order to guarantee the necessary rest to her physiological state.
Article 62: For Social Security purposes, the following definitions will prevail:
a) -Quote, contribution or contribution: b) -Salary:
For the purposes of payment, the Maternity allowance will be divided as follows:
a) - Payment of six (6) weeks before delivery; This allowance will be called the antepartum allowance.
b) - Payment of eight (8) weeks after delivery; This payment will be called a postpartum allowance. Article 44-A: The maternity leave allowance will be suspended when the insured does not accept, infringe or abandon the prescribed medical treatment or when during the mandatory rest period she performs any paid work.
Política de Población“Es deber del Estado establecer una política de población que responda a las necesidades del desarrollo social y económico de país”.
La Seguridad Social. “Todo individuo tiene derecho a la seguridad de sus medios económicos de subsistencia en caso de incapacidad para trabajar u obtener trabajo retribuido. Los servicios de seguridad social serán prestados o administrados por entidades autónomas y cubrirán los casos de enfermedad, maternidad, invalidez, subsidios de familia, vejez, viudez, orfandad, paro forzoso, accidentes de trabajo, enfermedades profesionales y demás contingencias que puedan ser objeto de previsión y seguridad sociales.
La Asistencia Social
. “El Estado creará establecimientos de asistencia y de prevención social. Son tareas fundamentales de éstas la rehabilitación económica y social de los sectores dependientes o carentes de recursos y la atención de los mentalmente incapaces, los enfermos crónicos, los inválidos indigentes y los grupos que no han sido incorporados al sistema de seguridad social”.
Integración de los servicios de la salud
.
Participación Comunitaria. La Constitución asigna a las comunidades una participación directa en los programas de salud mediante el artículo 112 que dice: “Las comunidades tienen el deber y el derecho de participar en la planificación, ejecución y evaluación de los distintos programas de salud”.
v países industriales.
During the Colombian federal period, they pointed out among the matters that competed with the State: "Public welfare for those who are in its territory." This was the only thing that certain regional Constitutions in matters related to public health came to be established. However, during said federal period, the Federal State of Panama promulgated in 1870 an Administrative Code prepared by the jurist Justo Arosemena “The Health Board has for public health purpose; its duties are those which it naturally has in all civilized countries ”. Aside from the broad and vague role of the aforementioned Board of Health, the aforementioned title on Hygienic Police referred almost exclusively to public cemeteries, funeral monuments and the burial and exhumation of corpses.
Article 92 of said Constitution says:
“It is an essential function of the State to ensure public health. The individual has the right to the protection, conservation and restitution of his health, and the obligation to preserve it "
By means of Law 66 of November 10, 1947, the Sanitary Code still in force in the Republic was issued. . In 1968, a military coup d'état took place in Panama that occurred when dealing with the 1946 constitution. However, the aforementioned Fundamental Charter was not immediately replaced by another, since it retained a symbolic and unusual validity.editada al llamado Estatuto del Gobierno Provincial
. Health: essential function of the state. Article 105 of the Constitution is formulated in the following terms:
“It is an essential function of the State to ensure the health of the population of the Republic. The individual, as part of the community, has the right to the promotion, conservation, restitution and rehabilitation of health and the obligation to preserve it, understood as the complete physical, mental and social well-being ”.
This extensive and detailed article of the Constitution regulates, so to speak, state activity in terms of health. As can be seen, it attributes to the State: a) The function of developing a food and nutrition policy for all the people; b) The dissemination of knowledge of the duties and rights in health matters; c) The protection of maternity, childhood and adolescence; d) Environmental sanitation, the generalized supply of drinking water, as well as immunization, prophylaxis and treatment to combat communicable diseases; e) The creation of comprehensive health establishments and the free supply in certain cases of drugs; and, f) The regulation and surveillance of health and safety conditions in the workplace.
Article 107 of the Constitution attributes to the State the obligation to develop a comprehensive policy on drugs conceived in the following terms:
“The State must develop a national drug policy that promotes the production, availability, accessibility, quality and control of drugs for the entire population of the country.”.
Unidad 2. Código de Trabajo de Panamá
Title One, Book One
2.1. General Labor Protection Regulations
foreign workers.
This nationalism, however, has been tempered by the geographical position of Panama and the country's ties to the international economic system that entail the presence of a good number of foreigners in our country, on the one hand, and, on the other, also by measures to protect the family, since the foreigner with a Panamanian spouse is equated with nationals for the purposes of the percentages provided by law.
The purpose of this rule is that the Ministry of Labor can exercise some control over the number of foreigners who provide their services to employers subject to the labor legislation in Panama. Work permits are, by nature, temporary. They are issued for up to one year, extendable for a maximum of 5 years, at the discretion of the Ministry of Labor.
2.2. Title One, Book Two
The protection of salaried workers is, in our opinion, the social right that is closest to health and social security and assistance.
2.3. Occupational hazards
The competent labor authority to hear the claim related to a professional risk, has the obligation to adopt the precautionary and safety measures necessary to guarantee the injured party or his heirs the satisfaction by the employer of the corresponding benefits and to commute the income of that deals with the Labor Code
2.4. Business Vision
The objectives of a loss control program for a company are:
to. Control damage to property (equipment, materials y
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environment).
b. Improve efficiency (of the company and of the workers).
c. Protect assets (of the company and workers).
d. Increase profits (of the company and of the workers).
and. Control physical damage (occupational injuries or illnesses).
3.2. Disease Risk Health protection can be considered as a main branch of Social Security. Article 39: For the risk of illness, the Fund will grant the following benefits: a) Medical, surgical, pharmaceutical, dental and hospital care b) Temporary disability allowance when the illness causes incapacity for work. Illness based on the Institution's Public Service.
Article 42: The right to sickness care will be maintained during the periods in which the insured is receiving maternity benefits. Similarly, the insured who has suspended the payment of involuntary severance payments, will maintain this same right during the three (3) months following his departure from employment. In the event that the insured has already contributed one hundred and eighty (180) installments to the Social Security Fund, this right will be maintained for the twelve (12) months following his departure from employment.
3.4. Disability Risk (not related to work)
Disability pension
Disability or incapacity for work is not sudden, but a consequence of illness or injury, and since their condition or stabilization can take a long time, most laws consider people incapable of working at the end of a certain period of time, which generally it is the period during which sickness insurance benefits are paid. Article 46: The insured who meets the following requirements will be entitled to a disability pension:
a) - Be declared invalid by the Institution's Benefits Commission in view of the report of the Qualifying Medical Commission and of the other examinations and tests that it deems necessary.
b) -Have at the beginning of the disability a minimum of thirty-six (36) monthly installments.
c) -Have a quota density of not less than zero point five (0.5) during the three (3) calendar years prior to the onset of disability, or during the membership period, if entry into the box had occurred within of said three (3) calendar years.
Article 49: The disability pension will begin to be paid from the date such status is declared. Article 49-A: The disability pension will be initially granted on a provisional basis for a period, the Fund may order at any time the review of the disability, ex officio or at the request of the interested party, in order to investigate whether there has been a reduction or increased disability.
Unit 4. Organic Law of the Social Security Fund
4.1. Old Age Risks Article 50: The pension of
180) months of contributions.
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4.2. Death risk
Death of the Insured, of Non-Professional Origin
When the death of the insured is of non-professional origin, unforeseen expenses arise in the family, such as funeral, illness and those that must cover the needs of the relatives; Adding to what has been said, we see that family members also face a permanent loss of income. When dealing with the death of an insured, of non-professional origin, there will be, in our legislation, the right to:
1) Funeral Allowance
2) Survivor pension
3) Widow's Pension
4) Orphan's Pension
5) Pension in favor of the Father, Mother and children
6) Schooling subsidy
4.3. Funeral Subsidy Article 56-I: To help the expenses caused by the death of the insured, whether active or retired, the Fund will recognize a funeral subsidy.
The Board of Directors will set the amount of this subsidy, which will be an equal sum for all cases.
By Resolution No. 1017-91 J.D. January 1981 of the Board of Directors of the Social Security Fund, the Funeral Subsidy was raised to the sum of B / .250.00.
Minimum pension and revaluation of Pensions.
Article 56 K: The minimum disability and old-age pensions will be one hundred and twenty balboas (B / .120.00) per month. The Fund will review said minimums every five (5) years or sooner, if it deems it appropriate, and will carry out increases, provided that the financial situation allows it.
The survivors' pensions granted to widows will be increased by fifty percent (50%) of the difference between the old and the new minimum for old-age and disability pensions.
The total of the orphan's pensions for the same cause will be increased by fifty percent (50%) of the difference between the old and the new minimum for old-age and disability pensions.