Derechos Sociales Fundamentales, problemática hermenéutica en el derecho a la salud en Colombia
Whenever someone has a fundamental right, there is a valid rule of law giving it to him. A major reason for the above is that it seems to be a lack of a correct and precise questioning to the prerogatives inherent to the human being, generating, in this way, several questions according to Alexis (20...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
Fundación Universitaria Los Libertadores
2012
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| Subjects: | |
| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4222094 |
| Source: | Revista Via Iuris, ISSN 1909-5759, Nº. 12, 2012, pags. 11-30 |
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| Summary: |
Whenever someone has a fundamental right, there is a
valid rule of law giving it to him. A major reason for the
above is that it seems to be a lack of a correct and precise
questioning to the prerogatives inherent to the human being,
generating, in this way, several questions according to Alexis
(2003), among which we find the normative, empirical,
conceptual or analytical type. Then, under the conception
of a structural theory of fundamental rights to determine its
nature, import mainly conceptual or analytical issues in the
usual distinction made by Bobbio (2003) between validity,
effectiveness and legitimacy. In this sense, the focus of this
analysis is constructed form a concept of individual rights
evolved, allowing to understand the current situation of the
right to health, understood as a fundamental social right
that is feasibly materialize through the courts, covered in
the paradigm of material constitution, which is the main
conclusion. |
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