The right to health to the test of the pandemic emergency

The Covid-19 pandemic justified numerous limitations of fundamental rights in order to protect the pre-eminent right to health. The continuation of the emergency dimension has forced to face also other emergencies: in particular, there has been a conflict of the right to health with itself. To what extent can the treatment of patients with covid-19, a contagious disease, be a priority at the expense of patients with serious but not contagious diseases? Was there a proper balance? In accordance with the general principle of proportionality, it is necessary to treat both Covid-19 disease and “non Covid” patients at the same time. In this regard, a state intervention is essential, respecting the distribution of competences constitutionally guaranteed to the Regions. It is also problematic to identify an appropriate instrument of standardization to be adopted in these cases: ministerial acts (shared with the regions), urgent decrees, or a law of Parliament.