健康权的争议性首先表现在健康权概念名称的争议性上。现有健康权、医疗权、卫生保健权等概念名称上的分歧,是因为忽略了各种权利所指向的义务对象和设定的义务内容的不同。作为基本人权针对国家并使国家承担建立医疗保障体系和公共卫生服务体系、保障和促进人民健康义务的积极权利是医疗卫生服务保障权,而不是健康权或其它权利。 The controversy over the right to health begins with the controversy over the concept of the right to health. The existing differences in concepts such as the right to health, medical rights and the right to health care are due to the neglect of the differences between the obligatory objects to which rights are directed and the obligations to be set. As the basic human rights for the country and make the country bear the establishment of the medical security system and public health service system, to protect and promote people’s health obligations is the right to health care security rights, not the right to health or other rights.