::AESAN:: Agencia Española de Seguridad Alimentaria y Nutrición

subseccion EnlacesThe right to health and safety

The Spanish Constitution  

Section 43

  • The right to health protection is recognised.  
  • It falls on the public authorities to organise and protect public health through preventive measures as well as the provision of the health services necessary. The law shall lay down the rights and obligations of all with respect thereto.
  • The public authorities shall promote health education, physical education and sport. They shall also facilitate an adequate use of leisure.

Section 51.1

  • The public authorities shall guarantee the defence of consumers and users, while protecting, by effective procedures, the safety, the health and the legitimate economic interests thereof.                  

Royal Legislative Decree 1/2007, passed in Spain on 16th November 2007, by virtue of which the consolidated text is approved of the General Law for the Defence of Consumers and Users and other complementary laws.                              

Section 8

  • Fundamental rights of consumers and users are: a) Protection against risks that might affect their health or safety.     

Section 11

  • The goods and services placed on the market must be safe.                   
  • Goods and services considered to be safe are those that, in conditions of normal or reasonably foreseeable use, including their shelf lives, do not present any risk of any kind to the health and safety of persons or only the minimum risks consistent with the use of the particular good or service, which are considered to be admissible within a high level of protection of the health and safety of persons.  

Section 12

Business operators shall provide consumers and users with prior knowledge by appropriate means of any risks that might arise from a foreseeable use of the goods and services, taking into account their nature, characteristics, duration and the persons for whom they are intended, in compliance with the provisions of section 18 and any other regulations applicable thereto.

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