Abstract

DUQUE GIRALDO, Mateo. Constitutional precedent in matters of "right to be tried" or "right to try" for experimental treatments. rev.ces derecho [online]. 2018, vol.9, n.1, pp.143-163. ISSN 2145-7719.  https://doi.org/10.21615/cesder.9.1.8.

The Constitutional Court has incorporated the "righ to try" as an unnamed right that allows people to access experimental treatments or medications nationally and abroad, departing from the law 1751 of 2015 that prohibits the provision of this type of intervention for patients, because it does not have a degree of efficacy or scientific certainty about its effects. The High Tribunal recognized this new fundamental right from the sentence T-057 of 2015, considering that the denial of these medical procedures could suppose the violation of the right to health and the life of its receivers. The inclusion of this right was not peaceful within constitutional jurisprudence, to the extent that there was a line of precedents that denied access to experimental treatments, because they were excluded from the health system and not accredited by the scientific community.

In that order of ideas, the present article, aims to analyze the jurisprudential evolution on the applicability of this type of procedures in the health system, later it is intended to examine the incorporation of the "righ to try" within this whole of constitutional precedents, and finally they will identify the main sub-rules that must be fulfilled for the concession of this new right within the constitutional praxis.

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