Resumo

ORELLANA ROBALINO, Claudia Patricia. Human dignity as transversal axis to compliance the right to health. Derecho glob. Estud. sobre derecho justicia [online]. 2017, vol.2, n.5, pp.139-164.  Epub 23-Out-2020. ISSN 2448-5136.  https://doi.org/10.32870/dgedj.v0i5.76.

Human dignity, foundation of fundamental rights, as well as economic, social and cultural rights (ESCR) including the right to the health, acts as transversal axis to compliance the right to health. The right to health was classified as second human generation right, which operated gradually for the progress of first generation human rights. This interpretation is obsolete, as the Committee on ESCR of UN gives them the status of fundamental rights in the proclamation of Tehran of 1968 (No.13) and the Vienna Declaration of 1993 (No.5). Despite this formal recognition of the right to health as fundamental right, part of Economic Social and Cultural Rights, the practice at courts shows there isn’t a direct enforceability of the right to health. This is proved by the submit of cases based on the violation of the right to life and personal integrity, when in fact they fall in the violation of the right to health.

Palavras-chave : Human dignity; right of health; general principles of law; peremptory norm; jus cogens.