The universality of the fundamental social right to the healthcare in question and the right to autonomous self-government

Abstract

This research work aims to undertake an analysis of the universalist nature of healthcare recently questioned by our Constitutional Court. The consequence of penalising the exercise of the right to autonomous self-government has had as a result "or collateral damage" the de-universalisation of health protection "following the ruling of the Constitutional Court 134/2017, of 16th November" which aimed to enshrine the sustainability of the health system at the expense of reducing the subjective scope of social protection. In effect, access to such a vital and fundamental service as healthcare is commercialised, without allowing, through autonomic competence, to establish a higher level of protection through the improvement of the basic "and minimum" regulation of the State.