Abstract

Access to medicines and scope for the courts: a comparative analysis Colombia- Spain. Rev. Fac. Nac. Salud Pública [online]. 2015, vol.33, n.1, pp.121-131. ISSN 0120-386X.

It reflects on the process of prosecution of public policy that has experienced Colombia and the obstacle it creates for the realization of the right to health, is taken as the axis of analysis access to medicines. OBJECTIVES:1) Identify a sample of decisions of the Constitutional Court (1992- 2010) its position on the principle of comprehensiveness and continuity in access to medicines. 2. Compare the Colombian and Spanish experience in health protection; mediated through the courts. METHODOLOGY: analysis of a sample of judgment of the Constitutional Court (1992- 2010) in his comprehensive vision of protecting the right to health. RESULTS:the Court of Colombia recognizes the comprehensive nature of healthcare. Warns prescribed treatment can not be given in part, lest affect the possibility of recovery. The Spanish Constitution (CE) states in Art. 43 the right to health protection. CONCLUSSIONS:Colombian Court recognizes the essence of the public health service; the application of the principles of comprehensiveness and continuity in the provision of services, among them the access to medicines. Health care and medical services must be provided comprehensively and accessible for everyone. However many citizens must go to the courts to obtain drugs; generating a violation of the right to protection and an obstacle to its effective enjoyment. In the public health system and organized character through autonomous communities, the health service user get the drug without having to mediate for achieving judicial proceedings.

Keywords : constitutional law; health protection; Access to medicines; jurisprudence; health services; medical care.

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