Examinando por Materia "DERECHO A LA SALUD"

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    Acción colectiva para garantizar el derecho a la salud : estudio de caso Mesa Antioquia : “incidencia de la acción colectiva en la garantía del derecho fundamental a la salud en Antioquia 2015 a 2018”
    (Universidad EAFIT, 2019) Manrique Hernández, John Jairo; Martínez Saldarriaga, Luis Alberto; López Lopera, Gloria Estella
    This paper aims to describe the relationship between effective collective action and public policies, based on identifying the processes promoted by the Mesa Antioquia collective, for the implementation of the Statutory Health Law 1751 of 2015, which establishes the mechanisms to guarantee The right to health in Colombia, however, this right is highly violated due, among other reasons, to the insufficient collective action processes of the different actors. This work is based on the theories that approach the conceptualization of social movements and the relationship between effective collective action, supported on trust, with public policies, especially with the fundamental right to health. It is a qualitative research, based on the case study that is a methodological tool for inquiry, empirical evidence was obtained from direct observation, review of documentary information, semi-structured interviews and the realization of a focus group.
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    Análisis de la jurisprudencia constitucional colombiana sobre el consentimiento informado en los procedimientos de reasignación genital en menores de edad intersexuales
    (Universidad EAFIT, 2023) Cardona Granada, Diana Carolina; Restrepo Arboleda, Manuela; Ceballos Klinkert, Laura
    Throughout history, intersex people have suffered various violations of their rights to health, free development of personality, identity and equality, among others, due to the ambiguity of their genital organs. These rights, especially those of intersex children/minors, have been violated, since at the time of making decisions on sexual reassignment procedures, the will of the child is not usually taken into account. That is why the purpose of this paper is the exposition and analysis of the informed consent in sexual reassignment procedures at an early age when the minor presents sexual ambiguity, in the light of the Colombian Constitutional Court's jurisprudence. Concepts related to intersexuality, sex change procedures and the consequences they may generate, will be initially addressed in order to put the reader in context. Later on, we’ll refer to the legal capacity of minors, since, theoretically, the ones summoned to give their informed consent are their legal representatives, transgressing as a consequence, the rights and principles of intersex children, these provisions will be referred to in the development of this paper. Finally, taking into account that with the limitation to the legal capacity of children and adolescents, the prerogatives mentioned above are compromised, the intervention of the Colombian Constitutional Court has been necessary, which has studied the informed consent and the way in which it must be granted when a sexual reassignment procedure is to be done in intersex minors. The analysis of its rulings will be made by means of a jurisprudential line.
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    Análisis de las órdenes proferidas por la Corte Constitucional en el auto 413 de 2015 – caso focalizado Chocó y de las reacciones provocadas por el fallo en las entidades estatales obligadas a su cumplimiento
    (Universidad EAFIT, 2021) Moreno Bejarano, Ady Yulieth; Barboza Vergara, Antonio
    This research aims to identify the administrative actions deployed by state entities required to comply with the structural orders issued in Auto 413 of 2015 by the Constitutional Court, and the effects that the decision has generated in the provision of health services in Chocó, to To achieve this goal, the judicial records and proceedings of the Special Monitoring Room were studied in the process of monitoring the focused case: Chocó. In addition, the reports submitted until May 30, 2020 by the public bodies receiving the Court's orders were reviewed in the framework of the follow-up, the previous information was extracted from the roadmaps of the file that rests in the Constitutional Court of the focused case, to which access was obtained through a right of petition; In the same way, during the study, journalistic reports, related jurisprudence and specialized doctrine on the matter were consulted. From the study of the case, the process of monitoring compliance with Order 413 of 2015 advanced by the Court is concluded, it has generated spaces for debate about the precarious conditions of the provision of the Health service in Chocó and contributed to the improvement of some problems. However, the structural failures of the system remain, there is no clear and effective public policy for health care in the scattered areas of the Chocoan territory, access to specialized medicine continues to be limited, since, although there are a greater number of available specialties, the professionals are not enough to meet the demand and the financial and administrative difficulties of health in Chocó have not been overcome.
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    Análisis desde la gestión estratégica al Modelo del Servicio de Prevención y Detección Temprana del Cáncer del Cuello Uterino en el Distrito de Marcabamba, Provincia Paúcar del Sara Sara, región Ayacucho, 2016
    (2018) Gutiérrez Canales, Marco Antonio; Vargas Sáenz, Mario Enrique
    In this 21st century, Cervical Cancer is second in incidence in the world and is the most common in women in developing countries -- The highest rates have been found in Sub-Saharan Africa, South Asia, the Caribbean and Latin America (Norma Técnico Oncológica para la Prevención, Detección y Manejo de Lesiones Premalignas del Cuello Uterino a Nivel Nacional, 2007) -- Peru has not been unaware of this reality, as it is the leading cause of death in Peruvian women (League Against Cancer, 2016) and to control its incidence has developed Public Health Policy on Prevention and Control of Cervical Cancer, based on international agreements, conventions (Cairo, 1994, World Conference on Human Rights, 1993, etc.) and Sustainable Development Goals be completed in 2030 -- This research carried out in the Ayacucho Region aims to identify Factors that Limit the Implementation of Model of Prevention and Early Detection of Uterine Cervical Cancer (PAP Examination) to women in rural areas of the district of Marcabamba, in the province of Páucar Sara Sara, Ayacucho Region; and analyze Strategic Management's elements to propose measures that improve access to this service in the Health Center, 2016 -- The research is qualitative - descriptive and aims to identify Total Quality Management (Human Potential Management, Logistic Management and Social Marketing), Confidence Management and Service Management in the Territory in the Implementation of Model of Prevention and Early detection of cervical cancer (PAP examination); And, from this, to propose improvements to the management of the processes of the model studied -- Finally, Strategic Management, axis of the Social Management, allows the objective population to access efficiently and adequately the service or product offered by the Public Sector Industry, such as the Early Cervical Cancer Prevention and Detection Model (PAP Examination); and, in that way, allow them to exercise their citizens' rights
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    Asistencia en oncología pediátrica: Caso Plan Esperanza del Instituto Nacional de Enfermedades Neoplásicas (INEN)
    (2018) Marín Mijichich, Raúl Leandro; Vargas Sáenz, Mario Enrique
    The present research entitled "Assistance in Pediatric Oncology: Plan Esperanza Case of the National Institute of Neoplastic Diseases (INEN)" allows us to know the services that children and adolescents suffering from cancer have access to -- The treatment of cancer in children is very different from the treatment of adults because it weakens the body's defenses against other diseases -- The main type of childhood cancer is acute lymphocytic leukemia, better known as ALL -- In Peru, there are 150 cases of cancer per 100,000 inhabitants, being the second leading cause of death at the national level and it is estimated that 75% of cases are diagnosed at an advanced stage and mainly in Lima -- For this reason, the Plan Esperanza is an initiative of the Peruvian State to fully serve the population affected by this disease and provide them with access to cancer services in Peru according to technological development and the availability of resources -- The general objective of this research is to know the assistance provided by the Plan Esperanza to children and adolescents suffering from cancer in Pediatric Oncology of the National Institute of Neoplastic Diseases between 2013 and 2015; analyzing the services offered by this program as a contribution to improve the quality of life of affected patients -- With the information collected from the parents of the beneficiaries of the Plan Esperanza will be able to improve services and strengthen good practices
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    El caso del Centro de Referencia de Infecciones de Transmisión Sexual (CERITS) en la red de salud Barranco Chorrillos Surco
    (Universidad EAFIT, 2021) Inga Calampa, Doris Milagros; López Zuñiga, Patricia Elizabeth; Fernández Castillo, Patricia Rosa
    The Reference Center for Sexually Transmitted Infections (CERITS) calls our attention due to the implication it has within the prevention and control of sexually transmitted infections (STIs), primarily: HIV / AIDS, in the population at risk and vulnerable. Due to the increase in cases and the serious consequences generated by STIs, strategies have been inserted within MINSA establishments, as part of a prevention and control policy, in this context CERITS represents a proposal to provide a care service to the vulnerable population. Our objective was to describe and analyze the perceived factors that limit access to health services for sex workers and men who have sex with other men (MSM) at CERITS in Chorrillos; Identify the social approach in which the work of the care of the users is developed, likewise identify the physical and emotional / cultural barriers perceived, evaluate the accessibility and communication in the care and explore the quality perceived by the users who come to the CERITS. Our objective was to describe and analyze the perceived factors that limit access to health services for sex workers and men who have sex with other men (MSM) at CERITS in Chorrillos; Policies for managing this issue worldwide are focused on achieving equity in access to care, respecting idiosyncrasies and providing quality care, to achieve not only the proper management of STIs, but also the prevention of diseases, based on direct action with the most vulnerable and at-risk population. The present investigation addressed the policy research modality, it has a quantitative - qualitative approach of ethnographic design. We mainly conclude that the Social Approach of the CERITS of Chorrillos has as a priority the right to access to health of every person who requires CERITS care services, within the Multisectoral Strategic Plan for the prevention and Control of STIs, it is contemplated that Access to health services is necessary for the vulnerable population, without discrimination of any kind.
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    La configuración del abuso del derecho en la interposición de las acciones de tutela frente a la protección del derecho fundamental a la salud
    (Universidad EAFIT, 2023) David Gaviria, Karen Valentina; Uribe Pulgarín, María Camila; Sánchez Vásquez, Carolina
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    El Decreto 2353 de 2015, un análisis legal y constitucional
    (Universidad EAFIT, 2017) Toro Restrepo, Juan Camilo; Restrepo García, José Gabriel
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    El derecho fundamental a la salud de la población migrante venezolana en Colombia : análisis de la jurisprudencia constitucional colombiana
    (Universidad EAFIT, 2019) Echeverri Villa, Luisa Fernanda; Hoyos Ceballos, Esteban
    The present paper evidences an exercise of critical review of the jurisprudence of the Constitutional Court regarding the fundamental right to health of the migrant population from Venezuela in Colombia. Thus, it presents an analysis of the current constitutional protection mandate that highlights the main advances and difficulties in the protection of the fundamental right to health of this population in recent years, in contrast with the jurisprudential rules established in Colombia in this area for the foreign population and before the recent migration phenomenon.
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    Gestión de costo-efectividad y creación de valor en las empresas de salud en Colombia
    (Universidad EAFIT, 2014) Salazar, Néstor; Cuéllar Bermúdez, Ulises Orestes
    Colombia ha logrado 96% de cobertura en el derecho a la salud a pesar de dificultadesde acceso, derecho que solo tiene limitantes para procedimientos estéticos o tratamientos sin evidencia científica -- Sin embargo la disponibilidad de recursos es precaria, gastamos alrededor del 50% del gasto medio en salud de economías similares -- Con avances en tecnología médica cada vez más costosos se presiona la sostenibilidad de aseguradores que operan con una “prima de riesgo” menor a USD 350 por afiliado, que se traslada a la red de prestadores (IPS) con una presión asimétrica entre ingresos y costos medios por paciente, obligando a una gestión altamente exigente, sin herramientas que permitan efectuar una gestión de costos y riesgo en salud adecuados y accesibles. De las opciones disponibles la mejor es el costeo por absorción de actividades, pero al carecer de reconocimiento por la autoridad tributaria obliga a gastos adicionales para calcularlo, cuando la capacidad de las IPS es altamente limitada -- Proponemos una adaptación del sistema de costeo estándar al sector salud, que se aplique sin gastos adicionales para medir y controlar desviaciones, de modo tal que se garantice competitividad en costos y, en consecuencia, la sostenibilidad de las organizaciones del sector salud
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    Impacto de la protección por estabilidad laboral reforzada en materia de salud a la terminación objetiva de relaciones laborales
    (Universidad EAFIT, 2022) Monsalve Restrepo, Federico; Jane Saldarriaga, Pablo; Múnera Posada, Armando
    This research work studies the principle of reinforced labor stability in health matters, for which a jurisprudential, legal and doctrinal analysis will be made, through which it is intended to analyze the scope of this principle in terms of contracts for work or labor. For this purpose, the reader will initially find a study of the interpretative, jurisprudential and legal evolution in which some of the most representative sentences that highlight the most important information of the principle will be brought to collation and together with this, the direct implications of the current jurisprudence to the principle of reinforced labor stability in Colombia will be evidenced, in accordance with the specific contractual modalities of the labor relationship that concatenate with the object of study. In the following section, a specific analysis will be made from a specific type of employer, the temporary service companies, with the purpose of showing from one of the contractual parties how the impact of the figure is materialized, having clear that it is usual to study it from the "weak" contractual party, that is, the employee; but little is delved into the other side of the figure and the entity or subject that ultimately, is the one that ends up bearing the economic burden that brings with it the application of the figure. It will be important to analyze the temporary service companies in accordance with the figure, since this will not only allow the reader to have in mind the contracting modalities and particularities of the labor relationships in this type of companies, but also to show how, in a type of company designed in Colombia to cover temporary requirements according to Law 50 of 1990, its social purpose of providing "temporary" workers could be truncated and distorted, due to the specific application of the special protection. The case of a specific temporary services company will be taken as the object of study, where we will address different specific cases of reinforced labor stability currently present, seeking to resolve the prerogative of whether this type of labor contracting aimed at meeting specific requirements is affected by the principle of labor stability, in the sense of maintaining untouched labor relations whose contractual object is already fully executed, as a result of an alleged health condition that enables a special protection for the worker. As an objective of the specific intervention to the temporary services company, a legal concept will be issued in the sense of recommending the best course of action for the treatment and approach of the cases; concept that in turn will help the reader to draw a clear picture of the actuality of the figure and the impact of it, for both parties of the contractual relationship, according to real cases that allow adding to the research a field study. In the same sense, throughout the research work, the legal basis of the figure in Colombia and the jurisprudential development along with its essential characteristics will be reviewed, so that, once this has been exposed, the functioning of the application of the principle of reinforced stability in health and its particular characteristics will be analyzed. In this sense, some hypotheses are posed in response to some questions that we questioned throughout the development of this work, which are necessary for a comprehensive approach to the concepts and methodologies of treatment of the figure of reinforced stability in Colombia, aiming to provide the reader with conceptual and procedural foundations that allow applying what was studied in the research in the actual approach to the subject in our country. Finally, in the last section of this research, we will bring up some general conclusions to which we arrived at the culmination of this research, taking into account that these gather all the investigated and analyzed material, thus arriving at some general hypotheses that bring together the theoretical framework and the field work, giving as a whole, answer to the essential object of the research.
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    Judicialización del derecho a la salud vía tutela consecuencia de uno de los problemas del Sistema de Salud colombiano
    (2018) Alzate Romero, Laura; Morales Ortíz, Valentina; Restrepo García, José Gabriel
    Nowadays, the general system of social security in health (SGSSS) in Colombia is going through one of its worst crisis regarding the provision of health services evidenced by the massive presentation of guardianships -- The present monograph focuses on establishing some inefficiency problems of the sector, it enters and defines, in a descriptive way, some possible failures of the system, the agents responsibility and the impact they have on the operation of the sector that lead to the judicialization of the provision of health services through guardianship -- Finally, the congestion of the SGSSS is analyzed as a result of the health actions interposition, setting aside some previous studies that attributed this responsibility only to Healthcare Providers, to demonstrate that it is a failure caused by the lack of collaborative work and its responsible for all the agents that make up this activity
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    Regularización migratoria en Colombia : un acercamiento a las políticas migratorias en Colombia a partir de los flujos migratorios de nacionales venezolanos
    (Universidad EAFIT, 2022) Ríos Zuluaga, Julián David; Hernández Jaramillo, María José; Trujillo Millán, Camilo
    This monograph presents a brief account of the possibilities available to foreign migrants to regularize their migratory situation in Colombia and the practical possibilities available to vulnerable populations in order to access them. This analysis becomes especially relevant in the case of Venezuelan nationals, who have had since 2017 different migration facilitation mechanisms. The final objective of the monograph is to lead to the study of the Temporary Protection Statute issued on the occasion of the massive flows of Venezuelan migrants, in such a way that it is possible to make an eclectic proposal with regarding the Colombian migration policy that allows understanding different population groups.
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