La salud pública en la jurisprudencia de la Corte Constitucional del Ecuador

Abstract

Abstract: This research analyzes the role of the Constitutional Court of Ecuador in the protection of the right to public health, based on the study of ten rulings resolved through extraordinary protection actions. The general objective was to examine the Court's criteria regarding the responsibility of the State and private providers in guaranteeing this right, especially in cases involving individuals in situations of vulnerability. The methodology employed was qualitative, with a descriptive purpose, and based on documentary analysis of rulings available in the Court's institutional search engine. The findings reveal a rights-based approach by the Court, which links health with other fundamental rights such as dignified life, personal integrity, and due process. Furthermore, a predominantly legalistic and defensive approach was identified in the arguments of the defendant entities, contrasting with the constitutional stance of reinforced protection. This study contributes to strengthening the academic debate on the justiciability of social rights and the shared responsibility between the State and private actors in Ecuador's public health system.