La salute come diritto fondamentale e fragile

This paper aims at analyzing the right to health as a fundamental human right. Firstly, it will give a theoretical clarification of its logic, structure, and peculiarities from a legal viewpoint. Secondly, the paper will pay close attention to the main historical stages of its development as a positive right, from the liberal State to contemporary constitutional democracies. International documents and legal sources will also be considered in this perspective. Thirdly, it will criticize the bare formal protection of health, starting from General Comment number 14 of the Committee on Economic, Social, and Cultural Rights of 2000. Two main points will be scrutinized: the presumed lack of economic resources as a limit for health protection and the monopolies of States on harmful substances retail or addicting practicies. Eventually, the paper will suggest to consider the right to health as a fundamentally fragile right. As a matter of fact, it will be argued that it deserves special protection, especially from potential economic exploitation.