The constitutional right to health has undergone many evolutionary jurisprudential and doctrinal interpretations from 1948 to today. In the current phase, also the constitutional law n. 1 of 2022 on environmental protection can lead to changes. The latter, in fact, like all constitutional amendments - which is even included among the fundamental principles - has pushed towards an even more intense explicit connection between health and the environment, cementing a network between constitutional principles that innovates the concept of “health”. This notion broadens its boundaries, extending into space: not limiting itself to the protection of the person's psycho-physical well-being but also protecting what the person experiences (or suffers) in the neighboring space (environment and even planet) and even in time: greatly anticipating the prevention phase. In this way, the concept of “OneHealth” was constitutionalized, already anticipated at the European Union level and continuing even further, towards the “Planetary Health” approach. This leads to a re-innovation of the concept of constitutional health law as the result of “new hermeneutic networks” between constitutional principles which then, in cascade, will also give new meanings to subsequent regulatory production.
Il diritto costituzionale alla salute tra gli approcci “OneHealth” e “Planetary Health”. Re-innovazione del concetto di “salute” come frutto di “nuove reti” ermeneutiche tra principi costituzionali / Cerioni, Marta. - STAMPA. - 5:(2024), pp. 215-229. [10.53136/979122181833810]
Il diritto costituzionale alla salute tra gli approcci “OneHealth” e “Planetary Health”. Re-innovazione del concetto di “salute” come frutto di “nuove reti” ermeneutiche tra principi costituzionali
Marta Cerioni
2024-01-01
Abstract
The constitutional right to health has undergone many evolutionary jurisprudential and doctrinal interpretations from 1948 to today. In the current phase, also the constitutional law n. 1 of 2022 on environmental protection can lead to changes. The latter, in fact, like all constitutional amendments - which is even included among the fundamental principles - has pushed towards an even more intense explicit connection between health and the environment, cementing a network between constitutional principles that innovates the concept of “health”. This notion broadens its boundaries, extending into space: not limiting itself to the protection of the person's psycho-physical well-being but also protecting what the person experiences (or suffers) in the neighboring space (environment and even planet) and even in time: greatly anticipating the prevention phase. In this way, the concept of “OneHealth” was constitutionalized, already anticipated at the European Union level and continuing even further, towards the “Planetary Health” approach. This leads to a re-innovation of the concept of constitutional health law as the result of “new hermeneutic networks” between constitutional principles which then, in cascade, will also give new meanings to subsequent regulatory production.| File | Dimensione | Formato | |
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