Acceso abierto·Documento·2020·Inglés

Análisis jurisprudencial del derecho a la salud en Colombia

Carlos Alfredo Pérez Fuentes; Franklin Alexis Hernández Peñaloza; Katherine Castañeda; David Francisco Castillo Calderón

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Resumen

The purpose of this article is to sharre the current state of the concept of jurisprudential development of the legal nature of the right to health in Colombia, Despite Being of a social nature, it is closely linked to the right to life and the founding principle of the Social State of Human Dignity Law. In this way, he stated as a general objective a general objective “to analyze the current legal nature and evolution of the right to health in the light of the jurisprudence of the Colombian Constitutional Court”. The present study was carried out from a qualitative approach that seeks to understand the writings that interpret the reality lived by the qualitative men and women in which it is intended to understand the reality lived by the men and women and expressed to through the writings by him. For this, the document review technique was used as an information collection technique that allows the collection of the relevant information for the resolution of the research question and later, to be analyzed through the dynamic analysis technique of the judicial precedent that allowed to recognize the evolutionary development of the right to health in the jurisprudence of the Colombian Constitutional Court.The results show the evolution of the legal nature of the right to health in the Colombian legal system, which is why it is concluded that this right is complex due to the diversity of obligations that the State and society entail. Search for its effective application. Through this jurisprudential analysis it can be established at what historical moments this right has evolved in its character as law, public service, benefit law, right in connection and finally, autonomous fundamental law.

Cómo citar

Carlos Alfredo Pérez Fuentes, & Franklin Alexis Hernández Peñaloza, & Katherine Castañeda, & David Francisco Castillo Calderón (2020). Análisis jurisprudencial del derecho a la salud en Colombia. https://doi.org/10.18041/2215-8944/academia.19.6010