The
Supreme Court
has partially upheld the appeal filed by the
State Confederation of Medical Unions (CESM)
against the Ministry of Health headed by Salvador Illa, noting that the medical personnel did not have the adequate means of protection to fight the pandemic.
The ruling of the Contentious-Administrative Chamber, a presentation by magistrate
Pablo Lucas,
concludes that "the health professionals lacked the necessary means of protection, which posed a serious risk to the fundamental rights recognized in article 15 in relation to the Articles 43.1 and 40.2 of the Constitution ".
In a ruling adopted unanimously, the magistrates specify that the lack of equipment that initially affected health professionals was due to the inability to supply them from
the National Health System,
which according to article 44 of the General Health Law integrates the set health services of the State and the Autonomous Communities and not only of the General State Administration or the Ministry of Health.
However, when the lawsuit is directed against the Ministry of Health, the statement cannot be extended further.
The CESM appealed for the procedure of protection of fundamental rights the inactivity of the Ministry of Health in compliance with article 12.4 of Royal Decree 463/2020, of March 14, by which the state of alarm was declared, for not putting a provision of health professionals the necessary individual protection equipment, with the consequence of having put their rights to life, physical integrity and health at risk.
The sentence rejects the appeal insofar as it is directed against administrative inactivity because CESM has not fulfilled the requirements demanded by article 29 of the Jurisdiction Law but considers it by recognizing that the doctors of this country fought at the beginning of the pandemic without means protective materials against Covid-19.
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