The Right to Health Care - National and International Regulations

• Author: Alina Mihaela Calin
• Pages: 274-277

European Integration - Realities and Perspectives. Proceedings 2015

274

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

1989;

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: alina_calin_2005@yahoo.com.