The right to health. Perspectives after the crisis

Abstract

The right to health is one of the rights which is included in the Spanish Constitution of 1978 (chapter III «Guiding principles of social and economic politics» of the Section I «Fundamental Rights and Duties»). The guiding principles don’t explicitly recognize a subjective right which could be claimed in the courts, except its own set of technical terms of the laws that develop this right (art. 53.3 CE). Therefore, at the moment it’s not able to be considered as a right with the protection of the Fundamental Rights. However, it has a great importance for the citizens daily life, as this principle protects the leading commodities of a person: health and physical and mental well-being and his own life. It’s clear that the changing social-economic conditions which are the consequence of the present economic crisis, have made Spanish Government curtail the budget issues for the right to health. This study analyses the changings in this main right and the perspective that may be witnessed in the different trends which the right to health can have in the future.