Estándares del derecho a la salud y vida digna a grupos de atención prioritaria en la jurisprudencia ecuatoriana. Análisis del caso 2936-18-EP de la Corte Constituciona

Abstract

Abstract: This research focuses on examining the application of constitutional control as a mechanism in the protection of the fundamental rights to health, social security and a dignified life, based on the study of Ruling No. 2936-18-EP/21 issued by the Constitutional Court of Ecuador. The research analyzes the position of administrative glosses as well as the withholding of pensions to an artisan woman with a catastrophic disease and its violation of the essential principles of constitutionalism, with special emphasis on contexts of double vulnerability. Through a qualitative, dogmatic and jurisprudential approach, it has been possible to show that the court restores rights and develops legal standards derived from the unconditional access to health and the active role of judges in the substantive protection of rights. One of the main contributions is the restorative dimension of constitutional control in the face of institutional practices that disregard the application of the vital minimum and human dignity, providing a proportional and guaranteeing vision of constitutional justice.