The Right to Health Care - National and International Regulations

Author:Alina Mihaela Calin
European Integration - Realities and Perspectives. Proceedings 2015
The Right to Health Care National and International Regulations
Alina Mihaela Călin1
Abstract: One of the biggest ch allenges of the contemporary world is the guarantee and protection of
fundamental human rights. We cannot talk about the rule of law, of a democratic society where, among the
fundamental rights do not include the right to health protection. Based on these considerations, in this paper
we have analyzed the importance given to protecting this fundamental right, both nationally and
internationally. As a priority we have analyzed the identification of the social state as a prerequisite for
achieving this right. Simultaneously, we have conducted a brief analysis of national and international legal
provisions on the right to health protection.
Keywords: judicial value; public health; respect for dignity
1. Social State A Prerequisite for Achieving the Right to Health Care
The right to health care provided in art. 34 in the Constitution of Romania cannot be treated without
making the correlation with art. 1 paragraph (3) of our fundamental law, which provides the social
character of Romanian state. In the special literature it is shown that the social state, as form of the
state of right, is a very ambiguous concept, still promoted by our Constitution as a general principle
(Dănișor, 2009, p. 48).
The same author shapes the content of the notion of state of social right, underlining its following
characteristics (Dănișor, 2009, pp. 48-50):
a) Denial of the priority of formal mechanisms, which supposes exceeding the formal vision not by
denying it but simply by incorporating formal mechanisms for safeguarding the rights and liberties in
a material vision upon the state of law, which means a determination of the state by the society;
b) The society determines the state, which means subordinating the political constitution to the social
one, reason for which art.1 paragraph (3) expressly refers to the ideals of the Revolution in December
c) The control of the constitution’s constitutionality, consequence of the state of social law, social
justice assuring a control of the content of the law by a control of conformity of laws with the social
principle and values and a control of constitution’s constitutionality;
1Senior Lecturer, PhD, Dunarea de Jos University, Romania, Address: 47 Domneasca Str., 800008 Galati, Romania, Tel./Fax:
(+40) 236 46.13.53, Corresponding author:

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