that the states should adopt an effective plan to ensure the right of all persons to enjoy the highest level possilbe of physical and mental health, and should take into account: the improvement in all aspects of the wrk hygene and of the environment, the prevention and treatment of epidemics, endemics, professionals and other nature and fight against them and the creation of conditions that secure medical assistance and medical services in the case of sickness. VI . The function of the courts is not to exhaust the letter of the law with forgetfullness of the effectivenss and efficaciones realized from the law (Fallos: 248:291; 249;37) and the law should pay attention tot he formal criteria, to the force of the constitutional principles of the Argentinian Constitution and arise to the necesity to provide a good public, considering this a s whole of the conditions of the social life that makes it possible to the community that each one of its members successes of his or her own perfection. (Fallos: 296:65). VII . The Supreme Court has said that in the Preamble of the Constitution “expresions have already been found referring to the general well-being, preeminent objective in that, certainly, it has been caluculated, with indisputable priority, the prservation of the health." (confr.: Fallos: 278:313, considerando 15°). Also, the "Alto Tribunal" declared that the preeminent objective of the Constitution, according to its preamble, is to obtain the general well-being, which signifies to say that the highest expression of justice is the social justice, which contained current in order the activity subjective of the members of the community and the remedies which are counted with views to fight that all and each one of its members participate with good spirits and materials of the civilization. In addition, it signaled that the constitution has the pinciple that when there is doubt, favor the social justice and the law should be interpreted in favor of those applying with this interpretation they obtain or stretching to attain the well-being, that is the living conditions which is possible for human being to develop with his or her dignity. (Fallos 289:430). VIII. The declaration of rights effected in our National Constitution is not only a declaration of the will of the State that recognizes the existence of individual rights, but also is an obligation of each state that obligates it to dictate the necessary normss and to honor them, which is to say, that it assumes an obligation to organize services. (confr.: Hauriou, Maurice, “Principios de derecho público y constitucional”, 2° ed., Instituto Editorial Reus, Madrid).