The right to health, litigation and the contribution of Colombia’s Constitutional Court: a systematic literature review

Abstract

ROJAS, Helio Caballero  and  PERILLA, Mónica Mojica. The right to health, litigation and the contribution of Colombia’s Constitutional Court: a systematic literature review. Interface (Botucatu) [online]. 2021, vol.25, e200331.  Epub Apr 16, 2021. ISSN 1807-5762.  https://doi.org/10.1590/interface.200331.

The concept of the right to health has undergone a process of transformation in Columbia since the reform of the country’s Political Constitution in 1991, resulting in Law 100, created in 1993, and Constitutional Court judgment C760, and ultimately leading to the creation of Law 1571 in 2015, which states that health is a fundamental human right. The judicialization of health has played an important role in this process, impacting Colombia’s health system. This review analyzes the contribution made by Colombia’s Constitutional Court to the configuration of health as a fundamental human right within the context of health litigation. A systematic review of the literature identified four analytical categories related to the reconfiguration of the legal nature of the right to health and its effects on Colombia’s health system.

Keywords: Right to health; Health system; Judicialization of health; Jurisprudence.

Access in: https://www.scielo.br/scielo.php?script=sci_abstract&pid=S1414-32832021000100301&lng=en&nrm=iso&tlng=en