La garantía del Derecho a la salud en tratamiento de enfermedades catastróficas o de alta complejidad

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Universidad Católica de Cuenca
This study analyzes the right to health recognized by Ecuador and, for this, the way to guarantee the treatment of people suffering from catastrophic or highly complex diseases. It starts with the theoretical basis of the conception of this right as a constitutional guarantee in the Ecuadorian State, then its transcendence in the Ecuadorian legislation is observed through legal and jurisprudential analysis, to conclude with the study of the effectiveness of the constitutional guarantee for the access to treatment of patients suffering from this disease. For this, the scope of this right is contextualized, from an international approach to descend into the internal order of the Ecuadorian legislation as part of the rights of the Good Living; and, the constitutional guarantees that oblige the State to generate the necessary conditions to make this right effective. From the jurisprudential analysis, it is exposed that, despite the legal recognition, not in all cases the guarantee of this right is effectively fulfilled, which has given rise to the need to act said guarantee through the jurisdictional function, where through sentences, the State has been ordered to provide the necessary means and/or actions to access the necessary medical treatments in each case. Therefore, it has been demonstrated that in Ecuador the right to health is not efficiently guaranteed to access to necessary treatments for patients with catastrophic or highly complex diseases
Palabras clave
Right to health care, catastrophic diseases, jurisdictional guarantees