El derecho a la salud

There are diverse formulas to refer to the right to health. We suggest to refer to this right plainly as the right to health. The right to health is a constitutional right, mandatory for the State. It is not a mere programmatic provision. The Constitutional Court has recognized this right and its... Deskribapen osoa

Egile nagusia: Figueroa García-Huidobro, Rodolfo
Formatua: Artikulua
Hizkuntza: Gaztelania
Argitaratua: Universidad de Talca: Centro de Estudios Constitucionales (CECOCH) 2014
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Gorde:
Laburpena: There are diverse formulas to refer to the right to health. We suggest to refer to this right plainly as the right to health. The right to health is a constitutional right, mandatory for the State. It is not a mere programmatic provision. The Constitutional Court has recognized this right and its justiciability. The object of the right to health is constituted by those obligations that reign over the addressees of this right, particularly the State. Such obligations are both positive and negative. The Constitution mentions several of them, but it does not exhaust them. Thus, the problem consists in determining the rest of them. We suggest to consider the General Comments elaborated by the Committee of the International Covenant on Economic, Social and Cultural Rights regarding the right to health recognized in Article 12, provided that Chile has signed the pact and the Constitutional Court has recognized and cited those comments