Abstract

The article is divided in into two parts. The first part is a critique of some usual conceptualizations of social rights that conceive them as social minimums. In this first part, arguments in favor of different interpretations are established: social rights are embodied in citizenship institutions, which allow for universal and equal access to certain benefits that are essential for human development. The second part of the article seeks to challenge the argument that the right to health care, as enshrined in the Chilean Constitution, requires a healthcare system such as the one of the current legal regime, which combines a private system of individual insurance and a public social insurance system. The purpose of this second part is to show that the best interpretation of the Constitution allows and enables the configuration of a universal social health insurance system funded by universal contributions.

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