Governance sanitaria e diritto alla salute in prospettiva di genere. Il ruolo dell’amministrazione pubblica tra programmazione, equità ed effettività dei diritti

Abstract

The essay analyses the role of public administration in promoting the right to health from a gender perspective, in light of the principles of planning, equity and effectiveness inherent in administrative and health law and the systemic criticalities influenced by an androcentric vision historically rooted in health and legal systems. The study focuses on the need to systematically integrate gender equity into health policies, overcoming the apparent neutrality of administrative action and promoting differentiated approaches capable of guaranteeing equal access and quality of care. The paper explores the paradigm of gender mainstreaming as a legal and administrative tool for guiding inclusive healthcare governance, also in light of the experiences and guidelines of European institutions. In this context, constitutional law (articles 3 and 32 Constitution) is interpreted in a transformative manner, as a tool for removing specific obstacles and promoting substantive equality. Gender-sensitive medicine emerges as an essential component of a public strategy aimed at implementing fundamental rights to health, consistent with constitutional principles and the administration’s duty to operate according to criteria of substantive justice and planning rationality. This is an essential framework for a modern, equitable and inclusive public healthcare system capable of translating legal principles into concrete actions and truly enforceable rights. The paper highlights the strategic role of public communication, understood not only as the transmission of information but as a lever for empowerment, participation and inclusiveness. The adoption of differentiated and gender-sensitive communication models is seen as an enabling condition for the effective enjoyment of the right to health, in line with European guidelines on gender equality, public health and fundamental rights.