Garantías judiciales de la infancia en la prestación defectuosa de los servicios médicos

The right to health corresponds to a guarantee recently enshrined in Colombian law, in the Political Constitution of 1991, which expressly accredited it as a second generation right or belonging to so-called social, economic, and cultural rights. In the case of children, it was established in article 44 of the Magna Carta that this would be a fundamental right, giving full precedence and preference to the provision of this type of services. However, the shortcomings in the provision of health services in Colombia, despite the many reforms, had to be filled by the administrators of justice; judges and magistrates from all over the country are the ones who must enforce the guardianship, as a constitutional mechanism, of direct protection for the guaranteeing of this right, and also of reparation for the damages caused through the processes of direct reparation for failures in the medical service. With regard to the latter aspect, a diagnosis is made of the judicial guarantees that children have to gain access to courts of law in order to seek compensation for damages as a result of malpractice. This article addresses the problems existing in Colombia regarding failures in the medical-pediatric service based on the analysis of the jurisprudence of the Council of State and its evolution in recent years; however, this is done with reference to whether it is accompanied by international instruments that promote the protection of children in all their orders and their effective access, not only to health services, but also to guarantees in court.

• Autores: Tique Legro, Diana Constanza; Barón Moreno, Claudia Lucía
• Fecha de publicación: 2020
• Institución: Universidad Santo Tomás
• Repositorio: Universidad Santo Tomás
• Idioma: spa
• OAI Identifier: oai:repository.usta.edu.co:11634/32633
• Acceso en línea: https://revistas.usantotomas.edu.co/index.php/iusta/article/view/6274; http://hdl.handle.net/11634/32633
• Palabra clave: right to health; protection of children; reparation for damages; access to the administration of justice; medical failure; derecho a la salud; protección a la infancia; reparación de perjuicios; acceso a la administración de justicia; falla médica; direito à saúde; proteção infantil; reparação de danos; acesso à administração da justiça; falha médica
• License: Derechos de autor 2021 Autores/as