Right to health and balancing in the light of the ‘new’ Article 41 Const.

The constitutional reform of 2022 amended the pivot of our economic constitution, Article 41 of the Constitution, by incorporating in the second paragraph the prohibition against harming health and the environment, previously and implicitly included in the general clause of social utility.
In reinforcing the inescapable character of the right to health as a cardinal value of our constitutional architecture, the reform has updated the content of Article 41, explicitly including the reference to health among the limits and constraints to which private economic initiative must be subject. This update is not only formal, but substantial: it places the protection of health at the centre of economic action, recognising that collective wellbeing cannot be subordinated to economic interests, but must constitute a primary and shared objective.

From a legal point of view, the reform of Article 41 represents a concrete application of the principle of balancing constitutional rights. Economic freedom, while remaining a fundamental pillar of our legal system, finds a necessary limit in the right to health, which is an expression of human dignity and the principle of solidarity. This balancing act is particularly significant in strategic sectors such as the pharmaceutical industry, food safety and waste management, where economic interests are inevitably intertwined with the protection of public health.
A further important element is the impact of the reform on legislative and regulatory activity. The explicit inclusion of health in Article 41 is a guide for the legislator, who is called upon to define rules consistent with the principle of prioritising health protection. Similarly, administrative and judicial authorities are entrusted with the responsibility of interpreting and applying laws.

The strengthening of the right to health through the reform of Article 41 should, in fact, find further confirmation in the recognition of health as a guiding principle not only for legislators, but also for economic and social operators. The constitutional amendment establishes the environment and health as a collective value capable of guiding production and business choices. In this sense, the right to health takes on a proactive role: it is no longer conceived merely as an external constraint on economic activity, but as an objective to be actively pursued through the interaction between health and environmental sustainability. This approach translates into the promotion of sustainable economic models that respect natural resources and contribute to improving the quality of life and preventing health risks. Consequently, strengthening the right to health is also a response to global challenges, such as climate change and pandemics, which require concerted and multidimensional solutions.

On the social level, the reform of Article 41 can be read as a call for greater collective responsibility. Economic operators, civil society organisations and citizens are called upon to contribute to the realisation of a development model that places health at the centre of public and private policies. This requires a cultural change that values prevention, health education and the adoption of healthy lifestyles, in line with updated constitutional principles.
In conclusion, the reform of Article 41 of the Italian Constitution has reinforced the fundamental nature of the right to health, placing it in an integrated perspective of sustainable development and protection of human rights. This constitutional change not only updates the legal text, but also redefines the priorities of our legal system, promoting an economic and social model that is fairer and more respectful of human dignity.