Línea jurisprudencial de la corte constitucional de los derechos fundamentales a la salud y vida en condiciones dignas en pacientes con obesidad mórbida cuando no se autorizan los procedimientos médicos de cirugías bariátricas

Abstract

The Honorable Constitutional Court has established sub-rules to protect the fundamental rights to health and life in decent conditions to people suffering from morbid obesity pathology and that due to the deficient health system that operates in Colombia some services are not authorized by health promoting entities - EPS or by the territorial entities and where the respective bariatric surgeries formulated by the treating doctors are included. These sub-rules have been developed, regulated and adjusted according to the legal, scientific and medical reality in the different measures issued in the instance of review that the Court selects when it comes to the Guardianship Action as the only legal means of protection of Fundamental Rights, therefore, the jurisprudential line where this legal problem is solved will be reconstructed, starting from the recent sentence that serves as a support point until reaching the founder, in order to expose the different criteria and conditions established by the Constitutional Court to guarantee the protection of these fundamental rights through a dynamic analysis of jurisprudence where the most significant and outstanding aspects established in the most important sentences will be described through this analysis.