La Protección del Derecho a la Salud en la Constitución de El Salvador

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The right to health constitutes a model of progress in the established differences between social and fundamental rights. The inclusion of this right in constitutional texts is one of the most relevant achievements of constitutionalism in the last century, which has been consummated by the hand of the social state. The nature of this right corresponds to that of an authentic fundamental right, with faculties or powers of action recognized as a consequence of ethical-legal demands derived from the dignity, freedom and equality inherent in the human person. Its purpose is constituted by obligations of a positive and negative nature, directed towards its recipients, with special relevance: the State. International human rights law has a very important interpretative value when defining the content and scope of this law. Its justiciability has generated debate regarding the legitimacy and jurisdiction of the courts to protect it. Likewise, its justiciability poses difficulties related to the lack of specification of its content and scope, limits and inadequacy of traditional procedural mechanisms, as well as a lack of legal tradition in its protection. For this, new ways of expanding access to this right and scope of its protection are proposed.
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