El derecho a la salud como derecho social. Desarrollos recientes desde la perspectiva internacional y en el Derecho comparado

Authors

  • JUAN M.ª PEMÁN GAVÍN

Keywords:

right to health, economical, social and cultural rights.

Abstract

This essay offers an approach to the developments and novelties that have lately arisen in relation to the right to health in International Law as well as in the field of Comparative Law. From the international point of view, several treaties that recognise the right to health protection are taken into account, specially the content of article 12 of the International Covenant on Economical, Social and Cultural Rights, since States have undertaken several commitments that have been established by the UN Committee on Economical, Social and Cultural Rights arising from the aforementioned article 12. In respect of comparative law, the essay focuses on the contributions done by the case-law developed by Constitutional Courts of different countries; specially, South Africa and Colombia, as well as some European countries (Germany, France and Italy). The analysis allows to reach some conclusions and to formulate several general considerations concerning this subject.

Published

2009-09-08

Issue

Section

STUDIES