Il diritto alla salute a quarant’anni dall’istituzione del servizio sanitario nazionale: le criticità strutturali di un diritto sociale

Barbara Pezzini


The article aims at reflecting on some critical issues emerging from the observation of the 40 years long implementation of the law 833/1978, looking at them as a result of the complex process of turning constitutional social rights, from lex (duties and aims of the state) into iura (real individual rights). Different topics are taken into account: the shifting of decision-making process from parliament to government and from politics to technology; the possibility to ensure equity and democratic quality in the relationship between needs and resources; the original quality of participatory previsions as means of a patient’s active responsibility in his/her relationship with the doctor; the constitutional foundation of self-determination in the relationship between the doctor and the patient, facing the physician’s conscientious objection.


Constitutional right to health; national health service; therapeutic self-determination; medical assistance in dying; conscientious objection

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ISSN 2284-4503

Editor University of Trento

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