Materialización efectiva del derecho a la salud a través de la acción de tutela: el caso de los pacientes diagnosticados con cáncer

Abstract

For several years working in the legal area of ​​a Foundation for patients diagnosed with cancer, he can recognize their needs during diagnosis and treatment. The organization was founded by patients, as a precursor to the Sandra Ceballos Law and the advancement of public policies for patients diagnosed with cancer, in any case there was an increase in the number of patients who received the fund to request an application or order . .performance of barriers to access to health care such as: delay in scheduling cities with specialists, delay in authorization and carrying out procedures and examinations of the Benefit Plan, delay in the delivery of medications, delay in starting treatment, denial of services among others. This experience allowed me to identify the problems: the institutional design of the provision of health services (access) and the constitutional and legal mechanisms to address these problems. To achieve this, my central objective will be to describe and identify the effective materialization of the right to health through protection action in cancer patients. Watch it unfold over three chapters. The first chapter with the proposal to identify the theoretical foundation describes the doctrine, norms and jurisprudence of the right to health in cancer patients. The second chapter consists of analyzing a particular case of the foundation and making a study of the legal problem. The third chapter aims to have coherence between the legal basis and the response to the legal problem. For this reason, we present the statistics of the People's Defense and the opinions of different health actors.