La instrumentalización del derecho fundamental a la salud a través de la prestación del servicio público

Abstract

Health as well as being a fundamental right is also a public service, which should properly be provided in terms of opportunity, coverage and quality.

Understanding health as an autonomous fundamental right, it means that required by the state's guarantee of enjoyment for all inhabitants of the country, which is subject to limitations, subject to the principles of efficiency, universality and solidarity within the framework of human dignity. On the other hand, the analysis of health as a public service can be addressed from the provision of the same on the part of individuals, which means analyzing the figure of the decentralization by collaboration in a unitary State, which implies: 1. The performance of individuals in the provision of public service, legally authorized 2. The implementation of control systems, inspection and monitoring by the State on this benefit. 3. The issuance of instruments of regulation and regulations that govern the public health service.

Through the interpretation inclusive we can say that health is a right of the person that is achieved through the provision of a public service of binding. That is to say, the public services are as instruments to ensure the achievement of full force and effectiveness of the constitutional rights and therefore of the realization of the purposes of the Social State of Law.