Estándares del derecho a la salud como servicio público impropio en la jurisprudencia constitucional ecuatoriana

Abstract

Abstract: This study analyzed the standards for the right to health as an improper public service in Ecuadorian constitutional jurisprudence. To this end, the nature of the right and its provision in the private sector under state regulation were examined. The main jurisprudential criteria of the Constitutional Court of Ecuador were identified, and challenges to its guarantee before private entities were evaluated. Rulings No. 2951-17-EP/21, No. 983-18-JP/21, No. 533-15- EP/23, and No. 679-18-JP/20 were considered for their contribution to the right to health and the regulation of improper public service. Qualitative methodology and documentary analysis were used to review the specialized legal literature and selected rulings. The conclusion is that the right to health and the obligation of private providers to comply with constitutional obligations and standards are fully recognized. The jurisprudential criteria focus on the prohibition of discrimination, compliance with elements of the right to health, the importance of informed consent, and protection of patient autonomy and dignit.