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Estudios constitucionales

On-line version ISSN 0718-5200

Abstract

JORDAN D, Tomás. THE CHANGE OF THE REFERENCE AXIS OF THE RIGHT TO HEALTH'S PROTECTION FOLLOWING THE CONSTITUTIONAL JURISPRUDENCE REGARDING THE PRIVATE HEALTH'S SUB-SYSTEM. Estudios constitucionales [online]. 2013, vol.11, n.1, pp.333-380. ISSN 0718-5200.  http://dx.doi.org/10.4067/S0718-52002013000100009.

This paper analyses the main constitutional case law on the safeguarding of the right to health protection in the private sub-system. It is stated that on the last years, the case law of the Constitutional Court has developed a change on the axis of reference in the constitutional meaning of this right, movingfrom an "individualistic/contractual"one to one on "social perspective", where health, from a private contract regulation under constitutionalparameters; is conceptualized as a social right, based on dignity, the irradiation effect of fundamental rights towards private relations and the public order character of contracts; and comprising by the consideration of the right to health protection as a right integrated to the Social Security system and linked to the principle of equality, being excluded of any arbitrary discrimination on the access and enjoyment of the right.

Keywords : Right to health's protection; social rights; reference axis.

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