The relationship between natural law and positive law in the legal framework for the protection of health, in the light of the main guidelines of Italian constitutional jurisprudence


  • Dante Figueroa Senior Legal Analyst, Library of the U.S. Congress (Washington, D.C., U.S.A)
  • Rocco Junior Flacco Avvocato e Consulente Giuridico presso il Ministero della Salute (Roma, Italia)



health protection, universality, natural right


This contribution reflects upon the relationship between positive right and natural right, with a reference to the juridical status of health protection, particularly to the right to access medical treatment. A comprehensive reading of Italian constitutional jurisprudence lead to the conclusion that certain meaningful properties of the legal order regarding these issues, such as universality and proportionality, seem to translate in positive-law terms the elements connected to the relationships between the individual and the community, when structured in a relationship of justice aprreciated in its full sense in the perspective of natural right.