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The Constitutional Court determined that there are deficiencies in the care provided to people suffering from respiratory diseases. For example, 1) in diagnosis and the time to diagnosis, whether genetic or not; 2) in specialized medical treatment (protocols, specialized medical boards, treatment monitoring schedules, and specialized services); 3) a lack of specialized medical personnel, specialized units, technology, and specialized research resources on respiratory diseases, both in Lima and in other departments of Peru; 4) in the determination and purchase of medications; 5) a lack of coordination among the country’s public health institutions regarding the management of information, protocols, operational medical experience, or research on respiratory diseases and the medications needed; and, 6) insufficient budget to address respiratory diseases.

It also ordered the Executive Branch (Ministry of Economy and Finance), in coordination with the Legislative Branch, to carry out the necessary budgetary procedures to ensure the implementation of the action plan on HR. Furthermore, it ordered all health institutions involved in this case to report in writing to the Constitutional Court and the judge overseeing the execution of this constitutional process every six months, detailing the progress made in this ruling, under penalty of law.