('Essential Care'. On the Right to Health of the Irregular Foreigner: From the Self-determination of the Person to Decision-making Polycentrism
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Abstract
The article deals with the subject of the right to health of the irregular foreigner with the intention of demonstrating how it is the very framework of the Constitution of the Republic, based on the centrality of the person with his (or her) inalienable complement of rights and duties, that justifies the recognition of some fundamental human rights. Setting out from this tenet, the author shows that a plurality of decision-making centres contribute to the guarantee of the right to essential care of irregular foreigners: the national legislator, the regional legislators, and constitutional and ordinary courts.