El cambio del eje referenciador del derecho a la protección de la salud a partir de la jurisprudencia constitucional sobre el subsistema privado de salud

Abstract

This paper analyses the main constitutional case law on the safeguarding of the right to health protection in the private sub-system. It is stated that on the last years, the case law of the Constitutional Court has developed a change on the axis of reference in the constitutional meaning of this right, moving from an "individualistic/contractual" one to one on "social perspective", where health, from a private contract regulation under constitutional parameters; is conceptualized as a social right, based on dignity, the irradiation effect of fundamental rights towards private relations and the public order character of contracts; and comprising by the consideration of the right to health protection as a right integrated to the Social Security system and linked to the principle of equality, being excluded of any arbitrary discrimination on the access and enjoyment of the right.