Constitución, salud y medicamentos

This article analyzes to what extent the obstacles or difficulties to access to medicines not in­cluded in the pharmaceutical provision of the National Health System have constitutional significance. It concludes that in this field there is a lack of legal certainty and a deficient publicity of the applicable rules which is hardly compatible with the requirements of art. 9.3 of the Constitution. That access to nonreim­bursed medicinal products is unequal from a territorial point of view, with situations of inequity that are difficult to reconcile with art. 14 of the Spanish Constitution (CE). And that denying access to a medicinal product can be considered contrary to the right to life (art. 15 CE) and to the protection of health (art. 43 CE) whenever there is a serious, certain and immediate danger to the patient’s health.