Derecho a la salud y su protección constitucional en Colombia

Abstract

The study of the history of the health care system in Colombia from its foundation with the denominated hygienist period (1886), to our present General System of Social Security in Health, gave accounts of several problems whose magnitude depended on the complexity of the time period and against which an effort was demonstrated that was insufficient on the part of those who directed the public policies in the country. From that perspective, a latent risk for the life and health of the population was confirmed, that made it relevant to consider an occurrence: From the promulgation of the Political Constitution of 1991, in which Colombia became a Social State of Right, the State was based on the respect of human dignity, a fundamental principle from which obligations of the public authorities must be derived and that necessarily determines the constitutional protection of the right to the health in Colombia. Based on the previous reasoning, the labor makes an effort to demonstrate the ineffective thing that the action of protection (acción de tutela) is to guarantee the health of the Colombians, from a new perspective, after the review of diverse positions on the matter, it has tried to defend its foundation, but only as a remedy after the breach of the constitutional duties of the executive and the legislative branches on the issue