Los estándares jurisprudenciales de la Corte Constitucional del Ecuador sobre el acceso a la salud en personas que padecen enfermedades catastróficas, raras y huérfanas.

Abstract

Abstract:The purpose of this academic work is to integrate the visible development of the right to health. It focuses on people suffering from a health condition diagnosed as catastrophic, rare, and orphan diseases, in search of a criterion that encompasses the entirety of jurisprudence issued by the Constitutional Court of Ecuador, whether binding or extraordinary protection actions. The research and study of jurisprudence, the analysis of regulations and doctrine, made it possible to demonstrate the applicable guarantees in cases of violation of the right to health. It is observed that there are normative guarantees that attempt to regulate the right to health in vulnerable groups. However, through the analysis of jurisprudence, structural flaws and the absence of public policies that reflect the violation of the right to health in people suffering from catastrophic, rare, and orphan diseases are verified. The standards and criteria used by the Constitutional Court of Ecuador to address the structural crisis related to the lack of access to the right to health among the aforementioned vulnerable groups are presented.