건강권 보장에 관한 헌법적 연구 = A Constitutional Study on the Guarantee of the Right to Health

다국어 초록 (Multilingual Abstract)

Abstract

Health has been an important right for quite some time, but its importance was clearly recognized due to COVID-19 in 2020. Although it is now weakened like a common infectious disease, it was initially a dangerous disease that threatened people's lives. After that, the right to health was recognized as an important right, and although there is no explicit provision on the right to health in the Constitution of our country, it is recognized as a basic right under the Constitution that is not listed.
There is not much academic discussion on the right to health, but health refers to a state of being mentally and physically healthy and sound, and the right to health refers to the right to this. Since the current Constitution does not provide for the right to health, it is sometimes sought from the right to health, which has explicit provisions. However, there is controversy over whether the right to health and the right to health should be recognized as independent basic rights under the Constitution, as they are similar but different.
If the right to health refers to a state of being mentally and physically healthy, health refers to protecting and promoting life by maintaining health. It is not health itself, but health that the state must make efforts to maintain health. The right to health has the character of a social right, but the right to health should be viewed as having the character of a freedom right in addition to the character of a social right.
The right to health is a right for humans to live like humans, but its basis can also be found in the dignity and value of human beings that humans should enjoy, the right to pursue happiness, etc. In addition, the right to health can be considered as the right not to be damaged by the body. If the right to health is a right that can be derived from various articles of the Constitution, it can be recognized as an independent fundamental right as in the opinion of the Constitutional Court. In addition, the right to health can be said to be a fundamental right guaranteed through sports or exercise for physical health.