El derecho fundamental a la protección de la salud

Abstract

The thesis we are now presenting is entitled The fundamental right to health protection and arises from the question of whether the model to safeguard fundamental rights−in which health protection occurs indirectly and in connection to other civil rights− is sufficient or whether it would otherwise be necessary to adopt a direct protection model, as recommended by the Committee on Economic, Social and Cultural Rights and the European Committee of Social Rights, constitutionalising the right to health protection as a fundamental right and not as a mere guiding principle of social and economic policy.To this end, we have carefully and orderly compiled the most important rulings at international (universal system of human rights protection), conventional (Council of Europe system) and constitutional levels, where health protection is considered a fundamental right, and we have analysed the links between the right to health protection and other fundamental rights. The scope of European Union has been left out of this work, given the lesser degree of protection of the right to health provided in the Charter of Fundamental Rights of the European Union and by the Court of Justice of the European Union to date...