Abstract

GIRALDO, Mateo Duque. Right to Access to Experimental Treatments and Drugs, US-Colombia Case: Criticisms of its Translation into the Domestic System. Díkaion [online]. 2020, vol.29, n.1, pp.66-91. ISSN 0120-8942.  https://doi.org/10.5294/dika.2020.29.1.3.

This research article analyzes the incorporation of the right to access to experimental treatments in the United States of America and Colombia. It also examines its case-law insertion, essential elements, and the regulations that each country has established for the provision of these unconventional procedures and drugs. Subsequently, it makes a series of criticisms over how the Constitutional Court has migrated or translated this right from US case law and legislation to the Colombian health care system. Therefore, this paper intends to carry out a comparative analysis of both health care systems from the perspective of the role of both the State and health actors (manufacturers, insurers, patients) in accessing experimental drugs and procedures.

Keywords : Right to experimental treatments; health actors; comparative analysis; criticism of the translation of law; regulation of experimental drugs or procedures; role of the State and individuals.

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