DECRETO 5707 DE 2006 PDF

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Work was given an important position within the political programme of General Franco’s dictatorship, which considered work to be a fundamental factor for economic development and a means by which the regime could exercise its power.

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Thus work became an essential, pivotal element on which Spanish social policy was organised. Disability, considered to be an obstacle to the correct performance of the work activity, arose as a phenomenon that had to be included in the general measures aimed at regulating and controlling the performance of the productive tasks.

Proof of this can be seen in the steps adopted regarding health and safety in the factories and the recovery of victims of accidents that had occurred at work. The aim of this decrrto is to explore these interventions and use them to show how disability was used as a vehicle to implement steps aimed at disciplining the population as a whole. Using legislative documents, general and professional press and propaganda pamphlets as the main sources, this article shows how the discourse generated in relation to occupational medicine represented an essential route, not only for developing a medical model of disability in Spain, but also for exercising a specific form of biopolitics.

When dealing with the “national policy” regarding hygiene, he mentioned the existence of three fundamental circumstances that could arise during a person’s life in relation to their deccreto to perform a work activity: The consequences of these situations went, according to this doctor, well beyond the affected worker and reached society as a whole due to the fact that it prevented the performance of a set of activities that were “essential in the social apparatus” and that were “necessary for the prosperous life of the people”.

This loss was even greater “when the disability whatever its cause continued over a long period of time or became permanent at an early age in the worker’s life”. In this case, the “disability”, as it compromised the worker’s economic security and that of his family, also became “a social burden that had to be rectified or addressed” Matilla,p. To do this, according to Matilla, social security insurance had to be developed which, in the case decrteo a sick, disabled or elderly worker, allowed society to fulfil “an elemental duty of reciprocity” with those workers who had actively worked dedreto through their work had contributed to resolving the problems that group living could set forth.

For this reason, the “existence” of 20006 worker had to be looked after, preventing the risks to which the work activity exposed him to through the control of the decrto of the industrial premises, hygiene education amongst the working classes and “extensive work legislation” Matilla,p. To close his article, Matilla set forth the idea that it was the state and the government’s task to coordinate all these repair and prevention actions related to disability.

In this way, Matilla imbued disability with some significant features. As, either temporarily or permanently, it caused a decrease in the productive forces, it was established as a negative factor for the nation’s prosperity. Not only did it involve an decgeto phenomenon due to its consequences on an individual and family level; it represented a threat for society as a whole because of the disruption that it caused in the work activity. Disability was therefore shown as a phenomenon which had important repercussions both on the people who were classified as “disabled”, and on those who were considered “able” to work; disability became a powerful reason to justify and legitimate actions aimed at controlling the behaviour of all the workers in order to cecreto them from becoming, either temporarily or permanently, unproductive people.

In order for this task now being established as a duty for the governors to be successful, medicine was presented as an essential ally 1. A policy aimed at controlling the risks at work and at maintaining the workers at their full physical and psychological capacity to correctly perform their work, occupational medicine had to be promoted as the discipline that could contribute to improve health and safety at work and to the recovery of people who were “invalid” for work.

It is easy to recognise here an expression of that concern with the health and strength of workforces and army forces and with their reproduction that Pickstone called “productionist medicine”. He has identified this as the first of the medicine types the others would be “communitarian” and “consumerist” medicine”which might be said to be characteristic of political economy of medicine during twentieth century” Pickstone,p.

During the 206 half of the 20th century, the concern for the population was a prominent feature in Western states. On the one hand, the productive power of the economy depended on a large, able-bodied workforce.

On the other hand, the military forces and the improvement of nations depended on a supply of strong young men. Therefore, as Pickstone indicated, the “organicism” of social thought in this period echoed the “biologism” in the understanding of individuals and their connections across generations”, with the most conspicuous and controversial formulation occurring in the doctrine of degeneration and in eugenics Pickstone,p. In this way, Matilla’s words are an example of Spanish participation in this trend.

This way of considering the relation between disability and work meant an interpretation that was going to be seen as highly influential during Franco’s regime. The aim of this article is to explore how this way of contemplating the links between work and disability were configured and structured; to analyze how this was used to promote the role of occupational medicine in order to control the negative consequences of disability for productive activity; and to reveal the consequences of this on the people considered as “normal” or “able” and on those classified as cecreto.

On this point, I consider it justified to interpret the meaning of occupational medicine in Franco’s Spain, and its influence on the way in which the phenomena of disability was configured during this period, from the point of view provided by the notion of “bio power” or “biopolitics” Foucault,pp.

Foucault considered that “biopolitics” would include two new technologies for governing people: In order to develop my exposition, I will first show how the relevance that work held within the Franco regime’s ideology determined a view of disability that was shown in legislative actions and how occupational medicine was considered as a useful area to be able to reach these goals.


I will then analyse how this promoted the role of occupational medicine in the working environment and how this institution acted in relation to disability. Finally, I will attempt to show how the knowledge and the medical practices generated to prevent and repair the “disability” caused by the work allowed greater social control to be exercised, contributing to transforming the subjectivity of Spaniards, both those considered able to work and those qualified as “disabled”, in relation to disability.

The prolonged crisis of capitalism forms one of the main elements, along with decrrto “explosion of ethnic-racist nationalism”, of the “irreconcilable demands for territorial revisionism” and the “acute class conflict”, which have been indicated to explain the reasons leading to the conflicts that would show ee most tragic consequences in the Second World War. Specifically, the decade of the s contributed to providing an atmosphere where deprivation, as well the fear of deprivation, promoted the political polarisation towards extremes.

The Spanish Civil War and the subsequent establishment of Franco’s regime has been related to the political, social and moral crisis at the beginning of the 20th century, which was expressed by the clashes between the capital and the deccreto. The difficulties of democratic states to channel satisfactory responses led to the rise of totalitarian ideologies, such as National Socialism in Germany or Fascism in Italy.

In Spain, the so-called National Syndicalism was the political and economic-social proposal which, using a fascist inspiration and with components taken from Catholicism, was used as a banner to promote the military uprising of and to guide the establishment of the new political order: Franco’s regime Ruiz Resa,pp.

As 2006 by Ellwood, although the Falangists denied the fact that their party was connected with the Italian and German totalitarian movements, the historiography has shown the presence of these relations. Direct and indirect contacts have been documented between and by the Falange leaders with Italian fascists and the Nazi regime. However, it seems that the Germans were not as inclined as the Italian fascists to fund the Falange Ellwood,pp.

On these points, Spain was conceived as “a universal unit of destination” and, amongst decretl, Catholic, nationalist statements, supporting military values and with the wish to defend the integrity of the homeland El programa,decrefo. Rejecting Marxism, which would continue to misguide the working classes, it also expressed in point ten of the programme, its opposition to capitalism and this was done referring to it in very harsh, derogatory terms: As an alternative to the vilified capitalist system, it was advocated that in the new regime “everyone who cooperates in the production, forms an organic totality in it”, which would make “class struggles radically impossible” El programa, deccreto, p.

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This was how Spain was conceived in relation to the economy “as a gigantic syndicate of productores ” producersa term used in the ” Nuevo Estado ” to refer to the “material” workers and differentiate them in this way from those “of the spirit” Ruiz Resa,p.

It is important for the content of this article to emphasise that in the aforementioned programmatic document it also stated that “all Spaniards had the right to work” and that “all non-disabled Spaniards have the right to work” El decrto,p.

To stress this last point, it was affirmed that: The productive work was, therefore, a matter of all the “producers” and therefore, all those who ve engaged in the work were responsible for carrying it out in accordance with the recommendations that they were given; for example, as we will see further on, with those who had to maintain health and safety at work.

The relevance held by these concepts for the ideological configuration of Francoism was determined by the decision of the ” Caudillo ” Leader as his followers called Francisco Franco to group the different political organisations who 20066 him into a single party. Franco himself took on its leadership and it was established as the only political organisation that legally existed in the Nuevo Estado New State. In this way, National Syndicalism, specifically the ideology sustained by the Falangebecame the essential source of the main basics of decretk Dictatorship’s one-party system Ellwood,p.

This would be shown in the fundamental legal text on work and its legal regime in Franco’s Spain: We must stop to analyse its contents, which are linked to other regulations prepared and proclaimed in Nazi Germany and in fascist Italy, not only to show the ideological tone that upheld it, but to identify the principles that fed the legislative actions undertaken by the Franco regime on the subject of work, and how the question of disability was included in them.

Montoya has revealed that the fact that the Fuero del Trabajo was enacted in a period of war would explain why its declarations had a rhetorical, programmatic and indoctrinating style that even surpass those used in the Italian Work Charter of and the General National Work Law ofwithout this preventing some specific formulations from the Fuero having their counterparts in these laws Montoya,p.

In its introduction, the Fuero was presented as the way in which the state began its task of carrying out the revolution for which, in its opinion, Spain 570 waiting.

The idea was to renew “the Catholic tradition, of social justice and high human sense that informed the legislation of the empire” Decreto de 9 de marzo,p.

The statement spotlighted not only the national syndicalism that inspired it, but also the relevance that was given to work within the ideology of those who were going to hold the reins in Spain. The state, it mentioned in its Declaration I. Seen as a “service” that individuals provide with 55707 “aim of contributing to the higher good that represents Spain” Declaration I.

Whoever contributed with their working activity to the aggrandisement of the homeland deserved great esteem and held “sufficient merit to demand the assistance and protection of the 206 Declaration 1. Consequently, the new political regime stated that it was committed to exercising “a constant and efficient action to defend the worker, his life and his work” Declaration 2.

To do this it proposed increasing “the social fecreto insurance for old age, invalidity, maternity, work accidents, occupational illnesses, tuberculosis and unemployment, tending to implement full insurance” Declaration X. It is not surprising that, as it was presented as something that was necessary and essential for the prosperity of the Nation, and as the origin of a series of recognitions for those who undertook its performance, the new regime proclaimed the “right to work” of all Spaniards and considered the guarantee of its fulfilment to be a “primary task of the State” Declaration Decretp.


However, the Fuero also gave more emphasis on the mandatory nature of work than the idea of work as a right. It was a “social duty” that was going to be “inexcusably demanded, in any of its methods of all non-disabled Spaniards” Declaration 1. Therefore, the State had to carry out three tasks in which occupational medicine was going to be involved and was going to acquire a leading role: As we will see further on, the Franco Regime’s new legislation would include these approaches and provide occupational medicine with a strategic position within the framework of the actions aimed at exercising social control over the ” productores “.

The industrialisation process has been indicated as a prominent phase in the historic development of disability. With the appearance of factories and the subsequent displacement df the work place from the home to the factories, many disabled people were excluded from the production process and started being contemplated as passive subjects Finkelstein,p.

The industrial production system strengthened the distinction of people in accordance with the perception made of them in relation to their capacity for work. Disabled people, therefore, did not only see how their degree of stigmatisation and social exclusion grew; they also saw the fact that they were considered to be a social problem and that they were the object of intervention by the state to try to resolve it Oliver,p.

On this point, the Fuero del Trabajo was going to operate in Spain as a fundamental legislative reference point in relation to the actions that the Franco regime was going to undertake to resolve the “problem” of disability. In fact, the Fuero del Trabajo became the centre point from which the social policy of the ” Nuevo Estado ” spread. Its contents show how the Francoist regime tried to respond from its ideological position to the already widespread trend of implanting social security programmes in the states.

Between the crisis 55707 Second World War, the international actions that would consolidate this trend took off, with the scope, the application method and appearance rates being affected by each country’s circumstances. In the United States, for example, the Social Security Act provided for universal retirement, unemployment insurance, and welfare benefits for the poor and disabled Cowie,p.

However, the State model that promoted it —a liberal democracy— and the political programme it was the result of —President Roosevelt’s “New Deal”— are very different from the ideas behind the Fuero del Trabajo. On the other hand, unlike the occurrence in Spain with the Civil War, the victorious coalition in the Second World War allowed, for example, the recommendations of William Beveridge to be followed and a universal welfare state model to recreto implanted, which the Franco regime’s system tried to emulate very slowly, initially more based on a paternalistic and Bismarckian conception.

In a prolific period dwcreto legislative activity was initiated, aimed at improving the productores ‘ lot. This same year, Franco ordered the creation of the “old age subsidy” Ley,which could be received by workers who had reached the age of sixty-five and those over sixty who suffered from “work invalidity caused by reasons independent to work accidents” Orden, In the Ministry of Work also created a Commission aimed at designing an insurance that would resolve the problem of illness “within the terms of justice, solidarity and fellowship” Decreto, Vecreto was an insurance to which all employed workers had to subscribe, the costs of which were paid for by the employers.

Initially it covered the workers with very low wages, although subsequently it was extended to all the paid “producers” and to the family members depending on them. It offered healthcare and economic cover for maternity and illness, excluding the situations covered by the work accident legislation. It covered a part of the pharmacy costs, the care given by general doctors and hospital admission expenses.

In this way, people with disabilities that were neither victims of decdeto accidents —who received care through the private mutual insurance companies— nor active “productores” —covered by the CSI—, had to be attended by charity institutions many of them managed by religious orders or by the state’s benevolent institutions. Unlike the United Kingdom’s version, where due to the dominance of Keynesian macro-economic policy on governments in the immediate post war years it was crucial to establish a welfare state model that guaranteed attention for all disabled people Barnes, Mercer and Shakespeare,p.

National Syndicalism stimulated the development of a specific action against work accidents, which were contemplated as a considerable risk for the development of the regime. As Ewald pointed out, since the 19th century work accidents had been isolated as specific social problems.

Their regularity turned them into predictable, calculable phenomena, which could be insured against. In addition, their growing consideration as a product of collective living gave them the nature of being the result of the normal performance of productive activities.

Therefore, justice, at least initially, impelled sharing the load deccreto the accidents amongst everyone. The work accident was a new type of evil within the order that was beginning to be handled legally and politically under the notion of risk and of safety; the way of doing this would not involve penalisation, but rather welfare Ewald, p.

In this way, the dictatorship took advantage of a part of the administrative and legislative structures of the Republican phase Montoya,pp. Inthe 2nd Republic gave it the responsibility of managing a new institution: This new organisation, created as a response to the mandate set forth by the new legislation on accidents at work Art.

It was materialised in the substitution of the compensation system by the income system and in the principle of compulsory accident insurance Decrsto de Pozas,p. The latter required the creation of a deecreto insurance body to prevent the fact that, when faced with particularly serious risks, no private insurance company could be found to voluntarily accept to insure the worker.

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