Due diligence of private entities in health, dignity and human rights

Abstract

The responsibility of private entities in the practice of medicine has always been a very difficult debate to conduct. Despite the fact that the right to health - intimately related to the right to life and the right to personal integrity - is widely recognized in the National Constitution of Paraguay, acquiring the status of fundamental right, and which in turn is part of a broad national and international catalog of protection of rights, the debate is still focused on a discussion of classic law, which does not move away from purely criminal or civil issues.

The purpose of this study is to emphasize the relevance of the application of the Control of Conventionality in the domestic health system, as well as to integrate the interpretation of soft and hard law regulations of the Inter-American and United Nations systems. All this is observed from the perspective that these guidelines can only enrich the Paraguayan legal system and generate an exercise of health rights with a broad view, which recognizes even in the private sphere, the responsibility to protect the human being and his dignity, being in this case, within the framework of the principle of due diligence of private companies.