Abstract

AGUDELO GUTIERREZ, Gabriel Jaime. Vicissitudes of the fundamental right to health in Colombia period 2020-2021 its approach and the incidences in its limitation. rev.ces derecho [online]. 2023, vol.14, n.2, pp.5-22.  Epub Oct 30, 2023. ISSN 2145-7719.  https://doi.org/10.21615/cesder.7104.

In Colombia it is frequent that, in the practices of health care, the fundamentality of the right to health experiences affectations with important associated social consequences, hence, in coherence with what has been stated, the objective of this investigative work is to demonstrate the vicissitudes of the fundamental right to health in Colombia derived from the declaration of the State of Exception due to an Economic, Social and Ecological Emergency (EEEESE), the declarations of Health Emergency (ES) and the Hospital Red Alerts (ARH) that the COVID pandemic forced -19 in the period 2020-2021. In adherence to what has been stated, this investigative development will imply a methodology that, propped up in the hermeneutical procedure, due to the interpretative essence of the sources that support it, enables a critical-argumentative analysis of documents of a jurisprudential nature from the archives of the Congress and the Constitutional Court, regulations of the government entities involved in the management of the pandemic, in addition to legal and philosophical texts containing developments related to the purpose of this writing in such a way that, transversalized with the report "The state of the rights in a state of emergency" of the Office of the Attorney General of the nation, allow to demonstrate the events that were adverse to the idea of fundamentality that accompanies the right to health materialized in actions of a legal nature by the different operators that from the national level or territorial pose a dichotomy between a state that guarantees health as a fundamental right and a State where this guarantee circumstantially admits the epithet of "mere constitutional lyric" in the terms to which Alexy refers in his theses.

Keywords : right to health; health emergency; constitutional guarantees; discursive exclusion principle..

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