Intervención del Estado en la garantía del sistema general de seguridad social y del derecho a la salud

Abstract

As Gómez & Rojas (2022) maintain, health is an autonomous, non-transferable and fundamental right of people whose guarantee is an obligation of the State, given its nature as an essential public service. This article will present, in a deductive way, the main characteristics of the fundamental right to health and the normative supports that have developed the entire system in charge of its provision. In the same way, the main actions available to citizens to protect the guarantee of this right in case of violation or threat of affectation will be described. Supporting the protection of health, especially in the resolution of individual cases, must be used to address the differences or inefficiencies of the available resources in order to protect public rights and create the effect of making the health system sustainable. This work deals with the general regime of social security and the description of the right to health through technical, regulatory and legal analysis. It is based on the following concepts: General System of Social Security in Health (SGSSS), its sources of financing, social determinants of health, viability of taxation and guarantee of rights. In this way, and as a final purpose, this document considers the various means available to users of the system to seek the protection of the right. It is a descriptive exploratory text that uses both quantitative and qualitative techniques. This review aims to identify the Colombian norms and regulations approach to analyze the effectiveness of administrative action when this fundamental right is violated.