La Responsabilidad del Sistema de Salud de las Fuerzas Militares “SSMP”, Frente a los Soldados Conscriptos Retirados

Abstract

The mandatory nature of the Military Forces Health System in the framework of Law 352 of 1997, establishes the provision of comprehensive health services in the areas of promotion, prevention, protection, recovery and rehabilitation of affiliated personnel and their beneficiaries, as well as how to provide health services inherent to military operations ”regulated by Decree 1795 of 2000. In this sense, to guarantee the provision of health services to retired regular soldiers, the following question arises, is the protection of the right to the health and provision of services of the regular conscript soldiers withdrawn by the Health System of the Military Forces by applying articles 8 and 47 of Decree 1796 of 2000? Although there is a certain and defined obligation, at the head of the State, to guarantee the due provision of medical assistance services to soldiers whose health is affected while they exercise military activity or on the occasion of it, this is not being guaranteed by the restrictions imposed by articles 8 and 47 Decree 1796 of 2000. Therefore, this document establishes as an objective to determine if there is a guarantee of protection of the right to health and the certain provision of health services for conscript soldiers Regarding the institutional normative application indicated in Decree 1796 of 2000. From the analytical-deductive methodology, hypotheses were developed, principles, theories, norms and general knowledge about the cases that support the main argument were analyzed. In turn, the document was based on three chapters, the first one refers to the Health System of the Military Forces, the analysis of Law 352 of 2007 and Decree Law 1796 of 2000 ”, the second analyzes the guarantee of fundamental rights and the justice debate ”and the third makes a general analysis of the data obtained. As conclusions it was possible to determine that the Health System of the Military Force, should correspond under its own responsibility to the retired soldiers who have provided service to the State in the Military Institution, under the duty of defending the sovereignty of the national territory, the answer is clearly that this is not being guaranteed by the restrictions imposed by Articles 8 and 47 Decree 1796 of 2000, thus validating the hypothesis raised.