Derecho a la salud y su evolución en Colombia frente a sujetos de especial protección

Abstract

The research is aimed at disclosing the evolution of the right to health from its appreciation as a right of second generation, to the consecration as a fundamental right in the Statutory Law. The general objective is to determine and point out the obstacles and advances of the Fundamental Right to health in Colombia. For the understanding of the subject it is necessary to be clear about the concept of Statutory Law and its characteristics, contemplated in Article 152 of the Political Constitution of Colombia. The study is organized into four chapters. In the first, a theoretical perspective of the protection of the Right to Health is carried out, in accordance with international standards and its integration with the National regulations. In the second, an allusion is made to the situation of the Health System, making a synthesis of the particularities of the System, through Law 100 of 1993 and the effects it has generated since its issuance on the guarantee of the right to health. In the third, a balance is made on the barriers that arise in the guarantee of the right to health, showing the elements that converge in the tutelage actions and pronouncements emanating from the Constitutional Court; Allusions are made to the consequences that the T-760 ruling brought to the National Government and its financial, sustainability and administration implications. In the last chapter, the scope of the Statutory Law and some strategies for its enforceability are studied, in accordance with the constitutional mandate established in the T-760 judgment of 2008; its international guidelines and commitments, under the mandates of General Comment No. 14 of the International Committee of Economic and Social Rights, articulating both the elements and the obligations and principles of the Fundamental Right of Health.