Several aspects regarding the fundamental right to health Cover Image

Unele aspecte referitoare la dreptul fundamental la sănătate
Several aspects regarding the fundamental right to health

Author(s): Mihaela Ela Iancu, Gheorghe Iancu
Subject(s): Constitutional Law, Human Rights and Humanitarian Law, Health and medicine and law, EU-Legislation
Published by: Institutul Român pentru Drepturile Omului
Keywords: right to health care; public health insurance; the constitutional obligations of the state; infant mortality; prevention; pharmacies; independent pharmacists;

Summary/Abstract: The right to health is not an absolutely fundamental right, as is the right to life and, therefore, its exercise may be restricted under the terms of Article 53 of the Constitution. According to constitutional requirements, the state has to take a number of measures: to ensure public hygiene and public health, which are two distinct constitutional concepts; it has to organize the healthcare and social security system, to control the exercise of medical and paramedical professions and to protect the physical and mental health of its citizens, obligations which of course, are established by law. Regarding the State’s obligations to take action to ensure public health, these implies among other things, efforts to decrease infantile mortality and to ensure the healthy development of the child; it also means the prevention, treatment and control of epidemic, endemic, occupational and other such diseases. In this context of utmost importance is the right to operate pharmacies, selling drugs, ensuring safe and quality products to the public and the independence of pharmacists.

  • Issue Year: 2015
  • Issue No: 1
  • Page Range: 22-27
  • Page Count: 6
  • Language: Romanian