Abstract

LOZANO-RODRIGUEZ, Felipe; MUNOZ-MUNOZ, Cristian Fernán  and  GONZALEZ-MARTINEZ, Enmanuel. The Tutelage Actions of the Right to Mental Health in Times of Pandemic. Opin. jurid. [online]. 2020, vol.19, n.spe40, pp.369-392.  Epub Sep 21, 2021. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v19n40a18.

The goal of this research is to analyze tutelage action as a mechanism for the protection of the fundamental right to mental health in times of pandemic due to COVID-19. This research employs a qualitative methodology and exploratory character. The research is divided into three parts: a judicial diagnosis of the right to mental health; guarantees and judicial responsibilities of the State; prospects of mental health in the light of the judicial responsibility of the State. Finally, with these practical and theoretical considerations, this study makes evident the inability of the Colombian State for understanding COVID-19, during and after the lockdown period, regarding the mental health area. The study concludes that, even though there is a small amount of legislation from the pandemic period regarding mental health, there is solid legislation before the pandemic to guarantee the right to mental health. The tutelage action is an efficient mechanism for reclaiming rights, even more from the digital judicial function that would facilitate these procedures in times of pandemic.

Keywords : human rights; mental health; social justice; judicial action; COVID-19..

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