The Essence of the Right to Health Protection in the Light of Article 68 of the Polish Constitution with Particular Emphasis on Article 68 (1): Dilemmas and Controversies

Abstract

The article concerns an issue of exceptional importance. The basic thesis is the assumption that Article 68 of the Polish Constitution (especially Article 68 (1) of the Polish Constitution) has a normative character and is a subjective and individual right. The right to healthcare is related to human existence in the biological, axiological, metaphysical sense, etc. And it is the perspective that its constitutional legitimacy should be seen. The aim of the work is to answer a number of questions, including the one on human dignity, because this is how the relationship between the right to health protection and the right to life protection should be understood in the axiological and normative sense. As a consequence, what the essence of the right under Article 68 (1) is? These questions raise a number of legal and axiological challenges and dilemmas. The answer is hindered by the differentiated approach to the Polish Constitution and the thesis of excessive relativization of law. Therefore, the above-mentioned values should be seen in the same axiological perspective. In the article, the formal-dogmatic method was mainly used.