Wine Law

similar way to the Constitutional Regulation of similar States 3 and within the guiding principles of social and economic policy 4 , recognises the right to health protection 5 . Thus, administrative intervention in the consumption of alcohol is justified, in the right that all citizens have to the protection of health, and, therefore, the public authorities regulate the advertising of the consumption of alcoholic beverages, the prohibition of their dispensation to minors or consumption during sports events (to avoid violence in sport), consumption on public roads or while driving motor vehicles. However, it is often forgotten that the consumer of alcoholic beverages, despite the limitations and restrictions that sectoral regulations apply to the object of their activity, also demands legal protection, and this will be the focus of the analysis that follows. Certainly it is also forgotten that the consumer of alcoholic beverages is a consumer for all purposes and that alcohol consumption may be vitiated by errors and falsehoods in labelling and information, or it may be the case that the origin of the alcohol is not legal, or that its composition has been altered. All of this affects the health of the consumer as 3 See, for instance, Article 32 of the Italian Constitution of 1947, according to which “The Republic will protect health as a fundamental right of the individual in the basic interest of the community and guarantee free assistance to the indigent. No one may be forced to undergo a specific health treatment, except by provision of a law. The law may in no case violate the limits imposed by respect for the human person”. With a more complete wording, Article 64 of the Constitution of Portugal of 1976, regarding the right to health, establishes: “1. Everyone has the right to the protection of health and the duty to defend and promote health. 2. The right to the protection of health shall be fulfilled: a) By means of a universal and general national health service which, with particular regard to the economic and social conditions of the citizens who use it, shall tend to be free of charge; b) By creating economic, social, cultural and environmental conditions that particularly guarantee the protection of childhood, youth and old age; by systematically improving living and working conditions, and promoting physical fitness and sport at school and among the people; and also by developing the people's health and hygiene education and healthy living practices. 3. In order to ensure the right to the protection of health, the state is charged, as a priority, with: a) Guaranteeing access by every citizen, regardless of his economic situation, to preventive, curative and rehabilitative medical care; b) Guaranteeing a rational and efficient nationwide coverage in terms of human resources and healthcare units; c) Working towards the socialisation of the costs of medical care and medicines; d) Disciplining and inspecting entrepreneurial and private forms of medicine and articulating them with the national health service, in such a way as to ensure adequate standards of efficiency and quality in both public and private healthcare institutions; e) Disciplining and controlling the production, distribution, marketing, sale and use of chemical, biological and pharmaceutical products and other means of treatment and diagnosis; f) Establishing policies for the prevention and treatment of drug abuse. 4. Management of the national health service shall be decentralised and participatory”. 4 From the point of view of the guarantees of such principles and unlike what happens with fundamental rights and public freedoms, the recognition, respect and protection of the principles recognised in the third Chapter will inform positive legislation, judicial practice and the performance of public powers. They can only be alleged before the ordinary jurisdiction in accordance with the provisions of the laws that develop them (Art. 53.3 SC). 5 GARRIDO FALLA, F. Artículo 43. In GARRIDO FALLA, F. (Dir.) Comentarios a la Constitución . 3 rd edition extended. Civitas. Madrid, 2001, pp. 878-882.