This is a milestone, twenty-five years that will allow me to reflect, especially now I want to emphasize, by the parallel paths between the General Health Law and Health Law.
Organization, coordination, universality, participation ... These terms, coined in relation to the NHS, they sound very familiar today, but it was completely new 25. Arrived with the General Health Law that was and is in my opinion a virtue above all. It was certainly a law organizing, but was and is a law passed hitherto prevailing conception and put us, and we well understood in its day, in the way of the construction of true health law: its purpose, it says so Article 1, to regulate all actions to enforce the right to health protection and health care for all, define and regulate the rights and duties of all about good health, in the words of Article 43 of our Constitution .
However, this concept: not only organization, not just management techniques, not only the aged concept "public health", but comprehensive regulation, rights and duties of all, have allowed us coin, not the term, but the concept of health law that also today sounds familiar, walking to your destination for authentic branch of law, demanding full autonomy for him, and now after these years of existence and we continue pretending because this is our reason for being, among others, to show that good health is certainly a common good but also of each and that consideration of the good sorts, qualifies and is necessary to study together from their point of view a set of rules which is what we call health law and aspire to take their dispersion secular and to systematically studied.
Although most provisions of the General Health Law have organizational, it is contained in various provisions relating to the autonomy and rights and obligations of patients. Among which the will of humanization of health services. Thus, maintaining the utmost respect for the dignity and individual freedom on the one hand, and on the other, declared that the health organization must be sufficient to ensure health protection as a right inalienable right of the people by the structure of the NHS, to be able to ensure scrupulous respect for personal privacy and individual freedom of the user, ensuring the confidentiality of information relating to health services that are provided, and no discrimination.
From these basic provisions, the Law 41/2002 of November 14 basic regulation of patient autonomy and rights to information and clinical documentation, completed the projections in terms of rights and obligations of patients General Health Law, adjusting these estimates to the Council of Europe Convention, for the protection of human rights and human dignity with regard to the application of biology and medicine, and other laws after the General Health Law, as is the case of the Organic Law of Protection Personal Data and many others. These rules have current Health Law vertebrate left in evidence the concepts that attempt to apply the old idea of \u200b\u200b"Health Law", by the way is still in force in many English Universities, consisting of transplanted directly and more general legal concepts and techniques to health problems, forgetting the specificity of them.
Medical Writing published in the Thursday, May 5, 2011. Number 1451. Year VII.
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