Análisis sobre las consecuencias jurídicas del incumplimiento de los deberes de los usuarios del sistema de salud colombiano

Abstract

Much has been said about the rights of users, their special status, their connection with the right to life, health, social security, among others, even becoming an autonomous fundamental right with the Statutory Health Law. However, little is said about the duties of users of the health system, their nature, their consequences, and their relevance for the health system. The objective of this paper is to determine the legal consequences of non-compliance with the duties by users of the Colombian health system. To achieve this, an identification of the duties in the Colombian legal system is made, an identification of the consequences according to the Ministry of Health (MinSalud), and a review of the Constitutional Court's judgments on the matter from 2008 to 2023 is also conducted. The aim is to obtain a clear position on the application of consequences in both factual scenarios, both from the technical-legal aspect of MinSalud and from the legal-constitutional perspective of the Constitutional Court on the problem posed.