The right to health care and vulnerability

Abstract

The article seeks to clarify the concept of vulnerability, by taking structural and epochal frailty into account. To understand the right to health care, the author reflects about the fundamental goods, and he then examines how that same right is present in the Portuguese and the Spanish constitutions. The association between vulnerability and the law is also tackled, with a special reference –in dialogue with Herbert Hart– to its fundamental level and to other links between both terms in the field of health. The article closes with a few remarks on posthumanist attempts at saying goodbye to human frailty.