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The paper focus on rare diseases as a challenge to the Welfare State, particularly for the effectiveness of the right to health protection; a situation derived from the scientific uncertainty, intensifying the budgetary restrictions, but which can improve thanks to technological progress, specifically big data (studies). In order to find some legal remedy, the work deeps in the application of the notion of human dignity as a pillar of the human rights and all the public intervention in the Society; an option that seems conceptually clearer in Spain than in the European Union legal system. Particularly, given the framework of competences applicable in matters of public health and the controversial nature of the notion of human dignity. Finally, it is verified that the use of this notion is not fully supported by Spanish jurisprudence either. [ABSTRACT FROM AUTHOR]