title: The right to health: a model for determining the contents of the minimum core and the periphery.
abstract: The right to health has been widely recognized in the Argentine courts, however only those who have the ability to access the justice system are able to fully enjoy that right. Therefore traditionally excluded groups, who for different reasons have not been able to make their demands heard in a judicial court, do not benefit from the recognition gained up to this point in the different judicial resolutions. Taking into account these institutionalized unequal practices, this article suggests a model for understanding the right to health truly as a right. A distinction is made between the right to health as a rule (understood as the minimum or essential core of that right) and the right to health as a principle (understood as the periphery of the right). In this way, it is shown how considering the right to health as both a rule and as a principle could offer greater equality in recognition of that right for disadvantaged groups that lack access to the justice system.
authors.affiliation: Lawyer. Doctoral fellow, Universidad de Buenos Aires. Associate researcher, Instituto de Investigaciones Jurídicas y Sociales L.A. Gioja, Facultad de Derecho, Universidad de Buenos Aires, Argentina. lmronconi@googlemail.com
authors.forename: Liliana M
authors.initials: LM
authors.lastname: Ronconi
mesh_terms: D001118:Argentina; D006297:Health Services Accessibility / Q000331:legislation & jurisprudence*; D054624:Health Status Disparities; D054625:Healthcare Disparities / Q000331:legislation & jurisprudence*; D006806:Human Rights / Q000331:legislation & jurisprudence*; D006801:Humans; D012935:Social Justice; D012959:Socioeconomic Factors; D035862:Vulnerable Populations
keywords: Right to Health; Social Justice; Redistributive Justice; Social Group