Justicia venezolana vuelve a darle la espalda al pueblo

Justicia-venezolana-vuelve-a-darle-la-espalda-al-pueblo.jpg

En Venezuela la gente se está muriendo por falta de medicamentos. Y, para colmo, el Tribunal Supremo de Justicia niega la tutela judicial al derecho a la salud e impide que cualquier otra instancia contribuya a detener tanto sufrimiento. La Sala Constitucional acaba de dictar una sentencia que equivale a una condena a muerte contra muchos venezolanos.

El 9 de junio de 2016 fue publicada la decisión 460, mediante la cual se declara la inconstitucionalidad de la Ley Especial para Atender la Crisis Nacional de Salud que había sido sancionada por la Asamblea Nacional.

Sobre la base de una ponencia elaborada por el magistrado Calixto Ortega, dirigente del Partido Socialista Unido de Venezuela hasta poco tiempo antes de su designación como autoridad judicial, el fallo indica que el Parlamento usurpa competencias atribuidas exclusivamente al Ejecutivo en materia de estados de excepción, así como de dirección de las relaciones exteriores

Pero lo que Ortega y el resto de los integrantes de la Sala Constitucional soslayaron es que, al tratarse del derecho a la salud y la vida, es competencia de todos los órganos del poder público su garantía, incluida la Asamblea Nacional. De modo pues que la tesis de la usurpación de funciones no cabe.

Además, en la sentencia se afirma que, “al pretender obligar al Ejecutivo Nacional a aceptar la cooperación internacional, incluso cuando no haya mediado una solicitud previa”, el Legislativo incurrió en una inconstitucional cesión de parte de la soberanía del Estado venezolano a los organizaciones internacionales y países cooperantes.

Pero Ortega omite que el Ejecutivo es el que ha puesto freno a la ayuda y, a la par, sigue demostrando absoluta ineficiencia ante la crisis. Nada dice el magistrado oficialista sobre las personas con nombres, apellidos y dolientes que han fallecido por la falta de medicinas e insumos. La omisión estatal, no solo del Ejecutivo sino del propio TSJ, podría ser considerada un crimen internacional.

Con esta decisión, los magistrados de la Sala Constitucional se convirtieron en flagrantes violadores de derechos humanos. El desprecio por las normas internacionales en materia de derechos humanos es vergonzoso.

El fallo ignora la Observación General Nº 3 del Comité de Derechos Económicos, Sociales y Culturales de Naciones Unidas, que hace hincapié en la obligación de todos los Estados partes de adoptar medidas, tanto por separado como mediante la asistencia y la cooperación internacionales, especialmente económicas y técnicas, para dar plena efectividad al derecho a la salud, reconocido en el Pacto Internacional de Derechos Económicos, Sociales y Culturales.

Pero también viola flagrantemente la Declaración sobre Atención Primaria de la Salud de Alma-Ata, según la cual los Estados partes (Venezuela lo ratificó el 10/05/78 y fue publicado en la  Gaceta Oficial Nº 2146 el 28/05/78) deben reconocer el papel fundamental de la cooperación internacional y cumplir su compromiso de adoptar medidas conjuntas o individuales para dar plena efectividad al derecho a la salud.

Los Estados tienen la obligación de cooperar entre sí. Deben cumplir de buena fe las obligaciones internacionales que han contraído en virtud del artículo 12 del Pacto Internacional de Derechos Económicos, Sociales y Culturales. Es decir, tienen que respetar el disfrute del derecho a la salud en otros países e impedir que terceros conculquen ese derecho en otros países, siempre que puedan ejercer influencia sobre ellos por medios legales o políticos, de conformidad con la Carta de las Naciones Unidas y el derecho internacional aplicable. Por eso son inválidas las peregrinas excusas basadas en la injerencia en los asuntos internos y la cesión de soberanía.

Los magistrados de la Sala Constitucional deben saber que de acuerdo con la Carta de las Naciones Unidas y las resoluciones de la Asamblea General de las Naciones Unidas y de la Asamblea Mundial de la Salud, los Estados partes tienen la obligación individual y solidaria de cooperar en la prestación de ayuda en casos de desastre y de situaciones de emergencia.

Seguir leyendo en El Nacional

 

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