La Ineficacia del Derecho de Acceso a la Salud Publica

Abstract

Abstract: The present investigation analyzes the right of access to public health, as a fundamental right of the human being. The main objective is to carry out a legal study on the doctrinal, normative and jurisprudential development that law has had in Ecuador. For this purpose, a qualitative methodology was used in the analysis of the theoretical and practical aspects, highlighting the results obtained in the study of the sentences approved by the Constitutional Court of Ecuador and the Inter-American Court of Human Rights. From the results obtained, it can be deduced that the lack of infrastructure, medicines and corruption within the Public Health System are factors that influence the development of the right of access to health. Which has led us to propose a legal reform proposal aimed at creating an auditing body, which regulates and controls financing programs for the purchase of supplies, medicines, vaccines; implementation of hospital infrastructure, quality control in administrative procedures; quality control in medical protocols, thereby helping to strengthen the National Health System.