One might emphasize, in the sense, that the constitutional system, to devote the
rights, declarations and varieties, establishes the general basis that protect human
personality and, XXX protection (guidance) of the general well-being. Hence,
the central axis of the juridical system sea would the person as soon as such,
from birth until after his death. (Fallos: 316:479, voto de los Dres. Barra y Fayt).
The calls "social rights" established in Article 14 of our Carta Magna and the
designations in the declarations and covenants referred to above have a character
very different than the traditional liberties. These “social rights”—which
certainly includes the right to health – do not aready constitute for the individual
the right to act, but apabilites to claim services determined on behalf of the State
who this service was organized. (confr.: Hauriou, André, Gicquel, Jean y Gélard,
Patrice, “Derecho constitucional e instituciones políticas”,. Ed. Ariel, Barcelona,
1980; en el mismo sentido, Hübner Gallo, Jorge Iván, “Panorama de los
derechos humanos”, p.18, Editorial Universitaria de Buenos Aires, Buenos
Aires, 1977).
IX . With an examination what is found at stake fundamentally is the right to
life, the first natural right of the human being preexistent to all positive
legislation and that obviously results in recognized and guarenteed in our Carta
Magan and laws.
While some rights of the human personality have a thorough regime provided by
law, others on the contrary are characterized for their imprecision. The
difficulties are caused by lack of the systemization of the respecitve norms and
from another point of view, for the progress of science and technology, that stirup risks and they generate, at the same times, hope to improve the health and
general well-being. (Fallos: 302:1284, voto de los Dres. Frías y Guastavino).
X . The common good, the essential assignment of the organized society,
succeeds at the end only they can be attained by the same state, such as the
national defense or the justice in its frequent and common manifestations. But,
there are other ends that the State likewise obtaines and that are coinciding, in
the meantime, its reach does not correspond in exclusivity to the state, but it can
determine also the action of the indvidual and other societies. (confr.: Fallos
305:1524, voto del Dr. Bargallo). In this nature, they can consider the
educational, cutural and health prevention goals.