The right to health is one of the fundamental rights guaranteed in “economic and social rights” both in the 1961Constitution and in the 1982 Constitution. Besides, it is a human right that is defined and recognized as “the highestattainable health standard” in international human rights law. On the other hand, the constitutionalization of theright to health, which has both negative and positive aspects as a norm, does not impose justiciability in anycase concomitantly, ultimately the main factor that will add meaning and functionality to the right to health andstrengthen the litigation is “judicial attitudes”. In this article justiciability of health right will be discussed frompositive aspect and attitudes of the judicial and quasi-judicial auditing bodies in Turkey towards justiciability ofthe health rights will be evaluated within the tension between the 65th Article of the Constitution which connectsrealization of health right to “adequacy of financial resources” and the 90th Article which mentions internationalhuman rights conventions those have been envisaged as “predicated on” primarily.