La Financiación del Actual Sistema de Salud y su Relación con la Gobernabilidad

Abstract

The Political Constitution of 1991 defined within the framework of the Social State a series of fundamental rights that in doctrinal and academic analysis were considered as first, second, third and even fourth generation; to differentiate the rights enshrined in Title II of the C.P. (Chapter I, fundamental rights, articles 11 to 41; Chapter II, social, economic and cultural rights; articles 42 to 77; and those of Chapter III; collective and environmental rights, articles 78 to 82). With the development and application of the new Political Constitution and specifically by reiterated decisions of the Constitutional Court; and today the statutory law on health, the social, economic and cultural rights that contain and express the right to social security and health care, ceased to be considered as rights of a benefit nature to acquire definitively the nature of a fundamental right. It was Law 100 of 1993, which developed the regulatory framework that, with some modifications, governs us today, that defined health care as a mandatory public service under the responsibility of the State.