Il diritto alla salute delle donne migranti: garanzie costituzionali e internazionali a confronto

The dramatic nature of international events concerning the protection of the individual’s fundamental human rights, and specifically the protection of migrant women’s right to health, stimulates some reflections on the possible protection of this right in the domestic and international legal sphere. It notes in this context the duality of health as a public good, on the one hand, within the framework of both domestic and international law, and, on the other, as an individual right, in relation to and potentially in conflict with other disciplines, e.g. freedom of movement, or freedom of trade and investment. The regulatory framework is somewhat fragmented also because ever since the need to protect the right to health emerged, the complexity of the interaction of the public sphere with the nature of an individual right has become evident; while it is clear that the needs underlying the collective dimension can also compress individual expectations, the prevalence of the public sphere connotation remains, according to which the State is the natural environment within which to benefit from the right to health.