The right to health in Colombia
In this article we will argue that the Colombian Constitutional Court has made an important contribution to the elimination of legal/formal barriers to access to health services, but its limited focus on correcting regulatory failures under the health system model of Law 100 is insufficient to addr...
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| Format: | Article |
| Language: | English |
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Oñati International Institute for the Sociology of Law
2023-06-01
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| Series: | Oñati Socio-Legal Series |
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| Online Access: | https://opo.iisj.net/index.php/osls/article/view/1580 |
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| _version_ | 1846157126732349440 |
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| author | Antonio Barboza Julian Gaviria |
| author_facet | Antonio Barboza Julian Gaviria |
| author_sort | Antonio Barboza |
| collection | DOAJ |
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In this article we will argue that the Colombian Constitutional Court has made an important contribution to the elimination of legal/formal barriers to access to health services, but its limited focus on correcting regulatory failures under the health system model of Law 100 is insufficient to address the social and institutional barriers to access, which continue to be the cause of high litigation in health. To do so, we will start from the failures evidenced by the post-2008 litigation, based on the rulings of the Constitutional Court (especially the orders of compliance with Sentence T-760 of 2008), the reports of the Ministry of Health that refer to the compliance with these orders, the annual reports of the Ombudsman's Office and the specialized literature of recent years on the Colombian health system.
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| format | Article |
| id | doaj-art-c573c8b344354421a7283d4f45c54b72 |
| institution | Kabale University |
| issn | 2079-5971 |
| language | English |
| publishDate | 2023-06-01 |
| publisher | Oñati International Institute for the Sociology of Law |
| record_format | Article |
| series | Oñati Socio-Legal Series |
| spelling | doaj-art-c573c8b344354421a7283d4f45c54b722024-11-25T14:36:26ZengOñati International Institute for the Sociology of LawOñati Socio-Legal Series2079-59712023-06-0113310.35295/osls.iisl/0000-0000-0000-13852296The right to health in ColombiaAntonio Barboza0Julian Gaviria1Universidad EAFITUniversidad EAFIT In this article we will argue that the Colombian Constitutional Court has made an important contribution to the elimination of legal/formal barriers to access to health services, but its limited focus on correcting regulatory failures under the health system model of Law 100 is insufficient to address the social and institutional barriers to access, which continue to be the cause of high litigation in health. To do so, we will start from the failures evidenced by the post-2008 litigation, based on the rulings of the Constitutional Court (especially the orders of compliance with Sentence T-760 of 2008), the reports of the Ministry of Health that refer to the compliance with these orders, the annual reports of the Ombudsman's Office and the specialized literature of recent years on the Colombian health system. https://opo.iisj.net/index.php/osls/article/view/1580Right to healthlitigation on healthaccess to medical servicesstructural litigationConstitutional justice |
| spellingShingle | Antonio Barboza Julian Gaviria The right to health in Colombia Oñati Socio-Legal Series Right to health litigation on health access to medical services structural litigation Constitutional justice |
| title | The right to health in Colombia |
| title_full | The right to health in Colombia |
| title_fullStr | The right to health in Colombia |
| title_full_unstemmed | The right to health in Colombia |
| title_short | The right to health in Colombia |
| title_sort | right to health in colombia |
| topic | Right to health litigation on health access to medical services structural litigation Constitutional justice |
| url | https://opo.iisj.net/index.php/osls/article/view/1580 |
| work_keys_str_mv | AT antoniobarboza therighttohealthincolombia AT juliangaviria therighttohealthincolombia AT antoniobarboza righttohealthincolombia AT juliangaviria righttohealthincolombia |