The recovery of the universality of the sanitary assistance after the Royal Decree - Law 7/2018, of 27 July

Abstract

The right to health is configured, given its mistaken location in the constitutional text, as a guiding principle of social and economic policy (Article 43 of the EC) which is granted a weakened protection that is not exempt from criticism. There are many swings that has led the doctrine of the Constitutional Court in this matter. However, the truth is that despite the constant tug of war, the right to health has become a fundamental pillar for the construction of a democratic-social constitutionalism that aims to give primacy to citizens (subjective right) against the interests economic and mercantilist societies of little inclusive societies. For all these reasons, the right to health is granted and recognized (both in international and community regulations) as a primary and fundamental right linked to the right to life, physical integrity and dignity of every person . In this line, Royal Decree-Law 7/2018, of July 27, is placed on universal access to the National Health System. And is that, thanks to this royal decree, the right to health care is now configured as a right of citizenship, of a universal nature and not only linked to the residence, so it extends equally (although with some limitation) to people who are irregularly in Spain.