Journal title SALUTE E SOCIETÀ
Author/s Enrico Bertrand Cattinari
Publishing Year 2016 Issue 2016/2 Language Italian
Pages 19 P. 193-211 File size 831 KB
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Right to health and solidarity towards others. The "duty to take care of your own health" in the constitutional framework. The fact that the person can not waive his or her fundamental right to health, does not restrict his or her freedom of choice and decision-making in health care. On the other hand, health - according to article 32 of the Italian Constitution - is not merely an individual right, but also a public interest goal. However, there are some very good reasons to believe that the Constitution, in allowing limitation of fundamental rights only for "compelling solidarity reasons", acknowledges that fundamental rights can not be restricted for reasons external to their overall protection. If we agree this premise, the collective interest to health can not limit or oppose to the right to health of each individual, but rather it is functional to better protect it.
Keywords: Fundamental Rights, Inalienable Rights, Principle of Solidarity, Right to Health, Legal Paternalism, Italian Constitution.
Enrico Bertrand Cattinari, Diritto alla salute e solidarietà verso gli altri. Il "dovere di curarsi" nella prospettiva costituzionale in "SALUTE E SOCIETÀ" 2/2016, pp 193-211, DOI: 10.3280/SES2016-002013