Abstract

DUQUE QUINTERO, Sandra Patricia; QUINTERO QUINTERO, Marta Lucia  and  GONZALEZ SANCHEZ, Patricia. The payment of disabilities for common disease and the right to the minimal vital of a worker in Colombia. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2017, vol.47, n.127, pp.383-405. ISSN 0120-3886.  https://doi.org/10.18566/rfdcp.v47n127.a05.

This research article aims to analyze the payment of common illness disabilities in the social security system in health from the fundamental right to the vital minimum. For this, it presents a description of the social health insurance system in Colombia, with emphasis on the financing of the contributory system; an analysis of the regulations concerning incapacity for general illness; a determination of the components of the fundamental right to health and its relation to the payment of incapacities for general illness and a conceptualization of the fundamental right to the vital minimum. Thus, based on the analysis of data and documentary sources, it was possible to conclude that although the incapacities due to common illness were initially an aid to the employer, from the law 100 of 1993 it becomes an economic benefit of the system general health and that if it seeks to protect the worker who supports a disease for the recovery of his health, the rules applicable to the payment of incapacity for general illness violate the fundamental right to the minimum life of a worker, by substantially reducing his salary and subsistence capacity in decent conditions.

Keywords : Health system; disability; general illness; health; poverty line.

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