The Exercise of Health Regulatory Power in Peru in Times of Political Crisis and Institutional Instability

Abstract

The political crisis and institutional instability that Peru is experiencing, which has intensified in the current administration (2021-2026), may affect the exercise of regulatory power and, consequently, the implementation of public policies. This may also have an impact on the Ministry of Health’s regulatory leadership. In the past, the Office of the Ombudsman and the Congress of the Republic have warned on several occasions that certain health laws have not been regulated. The objective of this article was to analyze the compliance and oversight of healthrelated laws, legislative decrees, and Emergency regulations in Peru, during the current period of government. To this end, a documentary review was conducted of legal norms and oficial documents relating to the regulatory process in health, issued by the Executive Branch, the Congress of the Republic and the Ombudsman’s Office, between 28 July 2021 and 31 December 2023. We found that, of the 21 health laws and legislative decrees enacted in that period, only 14.3% (3) were regulated, all of which after the legal deadline. In addition, eight previously enacted health laws and legislative decrees were regulated, with an average time of 701.5 days, all after the deadline. We found no evidence of the application of stricter or more specific institutional controls for the enforcement of such regulations. In conclusion, there remains a high level of non-compliance and prolonged delay in the regulation of health laws and decrees, directly affecting individuals and their right to health. To address this issue, an appropriate legal framework on the regulatory process is required, including political oversight and accountability, the implementation of more specific and rigorous institutionalized controls, and the strengthening of organized civil society.