Salud, medicamentos de alto costo, derechos humanos y la Constitución Uruguaya

The relationship between the right to health and the right to adequate medical care has always been a problem. There is no doubt as to the existence of the right, but there are provisions, such as Article 26 of the ACHR, that relativize the scope of the State’s obligations in this area. It is generally stated that it is not possible to fully satisfy this right. With this starting point, the international regulation of the matter is explored, and then moves on to the study of the Uruguayan Constitution and the existing health insurance. In short, for the case under study, the moderation of article 26 is questioned, and it is concluded that the State must take charge of medicines when the individual cannot afford them.