La Exigibilidad Recurrente del Derecho a la Salud Mediante la Tutela y la Regresividad en la Prestación del Servicio en Bucaramanga Durante los Años 2014 a 2018

Abstract

Summary This work seeks to highlight the most important factors that determine the main nature of the provision of the right to health to the inhabitants of Bucaramanga and its Metropolitan Area, especially the recurrence of the tutelage action to access the health service. The fact that some patients die requesting the provision of the service is also looked at. For this, some variables that affect the progressiveness of the benefit of the fundamental right to social security in health were studied and analyzed, including the crude death rate, the cases of morbidities that are dealt with, and the number of tutelage actions through which users claimed the protection of the right to health. The research made it possible to establish that during the five-year period between January 1, 2014 and December 31, 2018, there was a considerable increase in the crude death rate in the Bucaramanga Metropolitan Area, while the cases of morbidities that were dealt with by the different providers decreased drastically. It is also possible to conclude that in Bucaramanga the right to health has been provided in a regressive way, since - contrary to what happens throughout the world, where life expectancy for each new generation increases over time - the crude death rate, an indicator of the decrease in people's life expectancy, has increased. These results show that in Bucaramanga and its Metropolitan Area, the recurrent enforceability of the right to health through tutelage action is not due to the actionability of the right itself through this mechanism, but to the lack of opportunities in the service assistance.