El derecho a la salud y la prohibición de regresividad¿infringen las restricciones para inmigrantes el contenido esencial?*

Resumen

From the discussion on the prohibition of regressive measures and the limits to its justification, this paper attempts to determine when restrictive measures for the access to the right to health can and cannot be justified, depending on whether requisites such as the legitimacy of the end of the norm and the respect for the minimum core of the right are infringed. The work analyses if the reduction in public expenditure can be considered as a legitimate end as well as suggests a definition of the minimum core of the right to health from the doctrine of the Committee on Economic, Social and Cultural Rights of United Nations. These parameters are applied to the analysis of the Spanish Royal Decree-law 16/2012, 20th April, calling the restrictive measures imposed for undocumented immigrants into question.