Health code analysis

Fundamental principles

In this section, it provides a fundamental definition of the code, stating that the citizens of
Guatemala has the right to the prevention, promotion, recovery, and rehabilitation of its health, without
to be discriminated against in any way. Also emphasizing that health is the most important.
in a country, and especially in Guatemala, to be able to have a country with the living conditions and the
participation of each individual.

Considering that we are obliged to respond, improve, and maintain personal health,
familiar and community. Likewise, the state is obligated to fulfill its health obligations.
among the inhabitants.

Health Sector

It is defined that 'Sector' refers to the institutions and organizations that focus on the
health action management, excluding those engaged in research,
teaching, training, and capacity building of human resources in health matters. Forming
a list of functions and responsibilities of the sectors, coordination, programming and
management of health services.

Governing body in health matters

The Ministry of Public Health and Social Assistance is the governing body of health in the country and oversees the
leadership in all processes, defined in the Health Policies. Also participates actively
with the various actors and is subjected to social audits. In Article 4 of the Health Code,
Legislative Decree 90-97 defines the Ministry of Public Health as the governing body of health in
the country, coordinating with the different governmental and non-governmental actors involved
with the health of the population.

Harmful substances to health

This establishes a series of measures and classifications according to the handling of different substances or
products within work activities, as well as the authorization to handle them,
starting with regulating occupational safety, indicating that actions must be developed
tendientes a conseguir ambientes saludables y seguros en el trabajo para la prevención de
occupational diseases, addressing the specific needs of workers and
work accidents, through the Guatemalan Institute of Social Security and others
institutions within the scope of their competence, in collaboration with public enterprises and
private. It also establishes that the Ministry of Public Health and Social Assistance will have its
I take on the medical surveillance and examinations of individuals who may be exposed in the future due to their work.
to ionizing radiation, the Ministry of Energy and Mines will be in charge of monitoring
radiological.

Prevention of diseases
The prevention of disease is a strategy of Primary Care, which becomes effective in
the comprehensive care of individuals. This considers the human being from a perspective
biopsychosocial and interrelates promotion, prevention, treatment, rehabilitation and the
social reintegration with the different structures and levels of the National Health System.

Health and environment (environmental quality)

Environmental public health, which refers to the intersection between the environment and health.
public, addresses the environmental factors that influence human health, which include factors
physical, chemical and biological, and all behaviors related to these. Together,
these conditions are called environmental determinants of health.

The threats to any of these determinants can have adverse effects on health and
well-being for the entire population. Addressing the environmental determinants of health improves
directly affects the health of populations. Indirectly, it also improves productivity and
increases the enjoyment of consuming goods and services not related to health.

Drinking water

It is considered that the state, through the ministry of health in coordination with the Institute of
Municipal Development and other sector institutions will promote a priority and necessary policy.
public, which guarantees universal access and coverage of the population to water services
potable with an emphasis on community management to ensure sustainable management
of the resource.

Forcing municipalities to supply drinking water to all communities located within

from the territorial jurisdiction, protecting by the Ministry of Health and institutions in the sector to ensure
for the protection, conservation, utilization, and rational use of water sources.

Elimination and disposal of excreta and wastewater

Determining the disposal or elimination of excreta is important for maintaining adequate conditions.
water, sanitation and hygiene conditions. Excreta is a solid waste that has the
can potentially generate serious health problems if not disposed of correctly for that reason it
establish the health code of Guatemala.

Solid wastes

This law establishes the rights, obligations, powers, and responsibilities of society.
as a whole, to ensure the management and handling of solid waste, sanitary and
environmentally appropriate, subject to the principles of minimization, prevention of risks
environmental and protection of human health and well-being.

Urbanization and housing

It is the fundamental obligation of the State to prioritize the construction of housing.

popular through suitable financing systems so that the greatest number of families
I enjoyed them as my own.
 Of the cemeteries

The objective is to develop the health standards related to construction.

operation, expansion and closure of cemeteries, as well as the administrative health regulations
related to the provision of services and handling of corpses, according to the requirements and criteria
techniques applicable to the processes of issuing health permits under the responsibility of
Ministry of Public Health and Social Assistance.

Mausoleums, internal transfers, necropsies, mass graves, and cremation are some of the points
exposed within the document in order to carry them out according to the guidelines adhered to this
Agreement to facilitate the activities of these institutions, as well as optimize the delivery of the
services to the population in an organized manner that meets regulatory standards for
the protection of health.

The corpses

Rules that corpses cannot be subject to ownership and will always be treated with respect.
dignity and consideration.

Food and food outlets

Its main objective is to protect the consumer from fraud and health risks.
derived from the manufacturing and marketing of food and, in turn, to ensure fair trade
and progressive food at the national level consisting of a set of provisions
legal, able to control the operations of production, processing, marketing and
management of food in order to ensure consumers obtain healthy food that
they are not dangerous to health.

Pharmaceutical products and other related items

According to the political constitution of the Republic of Guatemala, the state shall
control the quality of food, pharmaceutical, chemical products and all those that
they can affect the health and well-being of the inhabitants.

Radioactive sources and radiation generating equipment

The proposed regulation will also help improve radiological safety during the
development of practices involving exposure to ionizing radiation in the Territory
National and will complement the scientific and technological legislation in this matter, in accordance
with the provisions of Article 97 of the Political Constitution of the Republic of Guatemala, which
It considers that the State, the municipalities, and all the inhabitants of the National Territory are
obliged to promote economic, social, and technological development that prevents pollution
of the environment and maintain ecological balance, establishing the necessary norms for that purpose.
guarantee the use and enjoyment of wildlife, flora, land, and water.

Book III, which relates to violations against health and their penalties (fines,
cierres temporales de establecimientos, clausura definitiva de establecimientos,
cancellation of health registrations, seizures)
According to this article, any action or omission that implies a violation of legal norms
of substantial or formal nature, related to prevention, promotion, recovery, and rehabilitation in
health matter, constitutes a punishable offense by the Ministry of Health, to the extent and with
the scope established in this Code, its regulations, and other health laws. If from the
Investigation carried out by the Ministry suggests the omission of a crime defined in laws.
Criminal matters, their knowledge and sanction correspond to the competent courts, the officials and
employees of the Ministry of Health who, in the exercise of their functions, have knowledge of the
omission of a fact that may constitute a crime, it must be reported immediately to the
competent authority, under penalty of incurring liability.

Procedural provisions for offenses

Anyone who contravenes the provisions will commit an offense against health promotion.
established in this Code, its regulations, other laws that promote health, standards or
Applicable provisions. Anyone who commits any of these violations will be punished with a fine.
corresponding in accordance with the values indicated in article 219 literal b) of this
law.