Legal Del Derecho a La Salud

Health law provides rights and protections that make coverage more equitable and understandable. Some rights and protections apply to the health insurance market or other individual insurance plans, some to work-based plans and others to comprehensive health insurance. The protections described below may not apply to protected health plans. In fact, and according to the author cited, health is a collective, public and social right with constitutional roots, enshrined in article 42 of the National Constitution, which reads as follows, where applicable: consumers of goods and services have the right to the protection of their health, safety and economic interests in the consumer relationship; Adequate and truthful information: freedom of choice and conditions for fair and dignified treatment. At the same time, he stressed that the right to health is provided not only in the national constitution, but also in the provincial constitution, so that it can be concluded that measures to protect it are a shared responsibility with the provinces. The protection of the life and psychophysical integrity of the human person, removed from the orbit of individual rights and within the framework of social and collective rights, has been emphasized precisely by the above-mentioned reform of the Constitution, which has given a constitutional hierarchy to international human rights treaties and strengthened the supremacy of the person (Galdós, Jorge Mario, La Ley, 2008). Learn about the basics of the right to health and common misconceptions about it. For children, the right to health is crucial, as they are vulnerable and more vulnerable to disease and health complications. By protecting children from disease, they can reach healthy adulthood and thus contribute to the development of more dynamic and productive societies.

The objective of a human rights-based approach is that all policies, strategies and programmes be formulated with the aim of progressively improving the realization of the right to health for all. Actions to achieve this goal are guided by sound principles and standards, including: WHO is committed to integrating human rights into health programmes and policies at national and regional levels, addressing the underlying determinants of health as part of a comprehensive approach to health and human rights. In addition, WHO has actively strengthened its technical, intellectual and policy leadership on the right to health, including: Children`s right to health includes prenatal and postnatal maternal care. An infant has a much lower chance of survival if the mother dies due to complications occurring during pregnancy or childbirth. Therefore, it is important that a pregnant woman can be cared for during her pregnancy, as well as during and after childbirth. Such care should be provided, as far as possible, by medical personnel qualified to ensure the health of the mother and child. The right to health is one of the fundamental human rights, that is, those that existed before society and the State, since they correspond to the human person by his condition as such and by the mere fact that he is so. Misconception No. 4. The right to health concerns only the provision of health services. Ensuring quality access to medicines, i.e. the equitable availability and affordability of essential medicines, requires measures aimed at selection and rational use, which implies firm tasks on the part of the State to sensitize society so that it understands medicine as a right, as a social good and not as a consumer good; establish a list of essential medicines selected on the basis of their therapeutic relevance, on the basis of scientific evidence on efficacy and safety and supported by comparative cost-effectiveness studies; ensure the availability of medicines in the necessary forms and quantities at reasonable prices; Promote the rational use of medicines in order to reduce risks and increase effectiveness, in this respect the role of the physician being transcendental.

Similarly, the concept of `human development` in Article 75(19) of the CN will only be possible through effective protection of the right to health. The latter obligation implies that the right to health be fully implemented and that its recognition is not limited to mere declamations, but that States dictate all necessary legislative, administrative, budgetary and judicial measures. A human rights-based approach to health offers strategies and solutions to address and correct the inequalities, discriminatory practices and unfair power relations that are often at the heart of unequal health outcomes. More precisely, the American Declaration of the Rights and Duties of Man – 1948 – states in Article 1 that every human being has the right to life, liberty and integrity, and Article 11 states: Everyone has the right to maintain his health. National constitution and international human rights treaties. Finally, and in this context, it is worth recalling paragraph 33 of the Covenant, which stipulates that the right to health, like all fundamental human rights, imposes three (3) levels of obligations on States: no less transcendent to the universe it covers, the Convention on the Rights of the Child -1989-, article 24 stipulates that the right to the enjoyment of the highest attainable standard of health and to services for the treatment of diseases and rehabilitation is recognized. Art. 33. The declarations, rights and guarantees enumerated in the Constitution should not be understood as a denial of other rights and guarantees that are not enumerated but result from the sovereignty of the people and the republican form of government. Although the right to health is meaningless without a health care system, it can only be fully realized if other factors affecting our health, such as access to adequate water and sanitation, adequate housing and adequate food and nutrition, are taken into account. Discrimination, poverty, stigma and other socio-economic determinants of health should also be addressed to the extent possible and determine: We cannot ignore the International Covenant on Economic, Social and Cultural Rights (1966), which contains the most comprehensive and far-reaching provisions on the right to health within the international human rights system, because of its importance and significance.

According to the World Health Organization (WHO), health should be understood as the state of complete physical, mental and social well-being and not just the absence of disease.