Abstract: For those that understand social rights as individual legal rights, the main or only challenge left consists of improving access to justice. However, this chapter shows that the only claims that become justiciable under that framework are those linked to equality before the law. While those claims are no doubt important, they in themselves are not able to generate the widespread and comprehensive access healthcare that is needed to advance the notion of health equity. The overemphasis on access to court distracts attention from what is really at stake in relation to the right to health: a collective problem of distributive justice that cannot be appropriated from democratic politics. The chapter concludes by arguing that the crucial positive obligations of the right to health under solidarity consist of discouraging the commercial delivery of healthcare and the provision of universal access to healthcare free of charge.