CODICES

ARM-1998-2-003

a) Armenia / b) Constitutional Court / c)  / d) 16-06-1998 / e) DCC-114 / f) On the conformity with the Constitution of the obligations fixed in the Agreement between the Government of the Republic of Armenia and the World Health Organisation «On the Establishment of Relations in the Area of Technical Assistance» / g)  / h) .

 

Keywords of the Systematic Thesaurus:

 
 
1.3.5.1

Constitutional Justice - Jurisdiction - The subject of review - International treaties.

1.3.5.15

Constitutional Justice - Jurisdiction - The subject of review - Failure to act or to pass legislation.

4.6.2

Institutions - Executive bodies - Powers.

5.4.19

Fundamental Rights - Economic, social and cultural rights - Right to health.


Keywords of the alphabetical index:

 

Government action, review of constitutionality / Government, failure to act / Health, protection, state targeted programme.

 

Headnotes:

 

The Government has to undertake necessary and sufficient measures pursuant to [ENG-ARM-A-34] Article 34 of the Constitution and the Law «On Medical Support and Medical Service of the Population».

 

Summary:

 

The Constitutional Court heard a case concerning the conformity with the Constitution of the obligations fixed in the Agreement between the Government and the World Health Organisation on the establishment of relations in the area of technical assistance. The Constitutional Court recognised that the obligations fixed in the Agreement signed on 17 September 1997 in Istanbul between the Government and the World Health Organisation were in conformity with the Constitution. The Court stipulated, however, that the Government had to undertake necessary and sufficient measures pursuant to [ENG-ARM-A-34] Article 34 of the Constitution and the Law «On Medical Support and Medical Service of the Population», in particular, to ensure the approval and implementation of annual State programmes on health protection of the population which are prescribed by the law.

 

The Constitutional Court found that the Government had failed to undertake measures pursuant to the implementation of the requirements of [ENG-ARM-A-34] Article 34 of the Constitution and the above-mentioned Law as well as the requirements of the decision of Constitutional Court as of 18 February 1998, No. 90, because in practice the State health care programs had not been approved and published.

 

Languages:

 

Armenian, Russian (translation by the Court)