Minimum, Expected and SDG 3 State Obligations

Abstract

The current text, the base or our conference at the 3rd International Congress on Health Law, promoted by the Master's Program in Health Law at Santa Cecilia University – UNISANTA, in June 2021, whose central theme was Social Vuneralbilities and the Health Law, was formulated from the hypothetical-deductive method and objective porpose a new legal nature for state obligations focused on health promotion, especially considering the content of SDG 3 [health and welfare] of the 2030 Agenda. Our concern is justified by the fact that the classical theory of obligations in terms of their purpose [medium, result or guarantee obligations], does not provide an opportunity to guarantee the effectiveness of the right to health, since it provides too many excuses for the poor execution of public health policies or even the lack of them. In this scenario, from what we conceive as the right to development, the theory of minimum and expected state obligations emerges as apt to safeguard the effectiveness of the right to health through the fulfillment of the respective state obligations.