Whenever someone has a fundamental right, there is a valid rule of law giving it to him. A major reason for the above is that it seems to be a lack of a correct and precise questioning to the prerogatives inherent to the human being, generating, in this way, several questions according to Alexis (2003), among which we find the normative, empirical, conceptual or analytical type. Then, under the conception of a structural theory of fundamental rights to determine its nature, import mainly conceptual or analytical issues in the usual distinction made by Bobbio (2003) between validity, effectiveness and legitimacy. In this sense, the focus of this analysis is constructed form a concept of individual rights evolved, allowing to understand the current situation of the right to health, understood as a fundamental social right that is feasibly materialize through the courts, covered in the paradigm of material constitution, which is the main conclusion.

In concordance with studied academic and legal precedents, this work is backed up from a triple perspective: the permanent necessity for trengthening the essential cores of fundamental rights, the linguistic imprecisions with which concepts like typologies of rights and effective legal protection order have been handled, and, finally, the need for reformulating such incorrect treatment. By means of a hermeneutic and deductive methodology, the authors have pondered in the matter, aiming to verify the results and assess them in the light of the fundamental principles of law. this will allow us to propose a solution for the proposed problem: is the understanding of the typologies of fundamental rights affecting the effective legal protection order? Regarding the results, it is evidenced that rights can have diverse contents and forms, insofar as guaranteeing integrity, freedom, or equality. These forms are protected by different national and international actions. However, not all the mechanisms in order to guarantee these rights possess the same legal force. The existence of an effective legal protection order for all kind of rights is not fully reflected in reality. Therefore, the authors believe in the necessity of establishing mechanisms to equally protect all rights. As a general conclusion, it can be said that the effective legal protection order is not obeyed in those systems that only establish penalties for the affectation of integrity rights, being detrimental to equality and freedom.