Abstract

JIMENEZ BARBOSA, Wilson Giovanni. El derecho a la salud una búsqueda inacabada para la sociedad colombiana. Rev. esc.adm.neg [online]. 2009, n.67, pp.107-120. ISSN 0120-8160.

As health has not just been defined as a fundamental right in the 1991 National Constitution, if it is understood as it is, thanks to the jurisprudential interpretation made by the Constitutional Court in some of its statements, according to which the right to health is linked with the Right to Live and the Human Dignity. Since the implementation of the 100 Law in 1993, the violation of this right has been permanently seen, in the hands of the different agents who are part of the Health Social Security System, which has made all its clients defend their rights through the use of guardianship, generating a lot of burocratic delay in judicial offices. Additionally, some of the guardianships belong to the category of unjustified negotiations made by insurance services which are part of the portfolio offered in the Obligatory Health Plan and which are also part of the existing inequity in this system, caused by the non fulfillment of its universal coverage and its content differences between the benefits granted by the contributive and subsided current plans. To end these problems in the SGSSS and to guarantee the right to health of all citizens, the Constitutional Court passed the C- 463 and T- 760 statements in 2008, which have turned into guidelines for the different agents who intervene in this system, determining how to conduct real actions. Finally, the interpretation made by the National Government on these issues have caused a lot of doubts on the question if the defined objectives will be reached or this will become just another failure in an attempt to provide the right to health.

Keywords : Statement; Constitutional Court; Guardianship; Scientific and Technical Committee; Benefit plans; Ministry of Health and Social Security; EPS.

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