Vulneración al derecho de la salud por negación de cirugía mamaría - Línea jurisprudencial

Abstract

In the protection of the Fundamental Rights to Health in decent conditions, the Honorable Constitutional Court has made important reconceptualizations through its judgments on the violation of Fundamental Rights when the Health Promoting Entities (EPS) deny breast reconstruction. The Court has established sub-rules under which the physical integrity of women is protected. From Judgment T-003 of 2019, taken as an Archimetric point, the jurisprudential line that gives rise to the dynamic analysis of the precedent is based on the descriptive analytical methodology of the book “The Law of the Judges” and “Links of Law -The duty of coherence with the Judicial precedent ”by Diego Eduardo López Medina. In this study a dynamic analysis of Constitutional precedent is proposed, where from the legal problem raised, the construction of the jurisprudential line is carried out. It is based on the Founding Judgment T-102 of 1998 to establish the rules and sub-rules applied by the Constitutional Court to respond to the problem raised. The conclusions include the most relevant aspects of the jurisprudential line of decisions allowing their application in related cases in defense of the tutelable Fundamental Rights.