Abstract

In the world of rapid general-social development, due to the emergence of questions about new holders of legal rights and the emergence of new forms of legal rights in general, the discussion about moral and legal rights has always been, is and will be an increasingly topical issue. It is not, however, disputed that law per se, in enabling a wide range of legal rights, has always been centred around the issue of human life and health in the first place. The achievement of human welfare is undoubtedly predicated upon good health, and fostered by a unique “mechanism” – the right to health. Although we live in an era of great glorification of the cult and value of health (healthism), the current epoch raises a series of human-health-focused questions and controversies. However, the primary and very crucial question we can ask ourselves is – what would health even be? Precisely because of the great questionability of the above question, the protection of human health and the exercise of the right to health may represent one of the most challenging matters of law itself. The right to health, as a legal and inclusive right, epitomizes not only the rights asserted by human beings as such, but also environmental and nature protection as an inseparable denominator of the status of human health. Although prominent legal/political philosophers and theorists were pessimist about the realisation and enforcement of the right to (the highest attainable standard of) health, this paper elaborates on the possibility of its realisation, which largely depends on the way in which the concept of health is understood. Health should be understood exclusively as an idea-value category to be aspired to, as a should (sollen), by no means as a pure and categorical reflection of reality (sein). Given the inclusiveness specific to the legal right to health, which undoubtedly contains certain problematic elements, this paper aims to grasp and consider the right to health in its conceptual and normative entirety premised upon the following question: how does law protect human health and its constitutive elements? The same question invokes interesting interdisciplinary (legal and philosophical) points of view.