Judgment T-760/08 on the Right to Health

Judgment T-760/08 on the Right to Health
I. CASE
Judgment T-760/08 July 31, 2008
II. JURISDICTION
Second Review Chamber of the Colombian Constitutional Court
III. THEMATIC FOCUS
- Right to health
- State obligations regarding programmatic rights
- Progressive rights
- Culpability of state omissions
IV. NATURE & CONTEXT OF THE CASE
1. Procedural History
Twenty-two plaintiffs brought individual tutelas (claims of unconstitutionality) against health
insurance companies and state agencies responsible for health care delivery oversight in their
local municipal judiciaries. While the claims the plaintiffs brought were diverse, each concern
situations in which the right to access to health was denied. The Constitutional Court
consolidated the 22 cases and decided them together.
2. Parties
Twenty-two individual plaintiffs v. State administrative health agencies (Departamento
Administrativo Distrital de Salud, Entidad Cooperativa Solidaria de Salud, la Secretaría de Salud
del Departamento del Cesar), and six different health care service providers.
3. Date
July 31, 2008
V. SUMMARY OF THE CASE
1. Background and summary of the facts
This judgment addresses 22 Tutelas (claims of constitutional violations) relating to systemic
problems in the health system. The Court also addresses the resolution of a series of structural
flaws in the health system. Violations claimed in the tutelas include state’s failure to timely
reimburse health care providers; access to health services in conditions of integrality; access to

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