Estado garante del derecho a la salud de las personas privadas de la libertad.
The liability of the State in the cases of damages caused to people deprived of their freedom is an issue that has aroused the interest of the academy and jurisprudence. The postures in this regard have generated different interpretations from which the following problem axis was formulated: From wh...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2017
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6260865 |
| Source: | Diálogos de saberes: investigaciones y ciencias sociales, ISSN 0124-0021, Nº. 46, 2017, pags. 79-110 |
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| Summary: |
The liability of the State in the cases of damages caused to people deprived of their freedom
is an issue that has aroused the interest of the academy and jurisprudence. The postures in this regard have generated different interpretations from which the following problem axis was
formulated: From which imputation regime should the responsibility of the State be addressed
in the events of the damages caused to people deprived of their freedom, for the provision of
health services in penitentiaries and prison centers in Colombia? For this case, the various legal titles of imputation indicated by the jurisprudence of the Council of State and the Constitutional Court against different forms of damage will be addressed from the review of the national and international regulatory regime of protection of the right to health in prisons, as well as the inherent dogmatic foundations, and likewise the jurisprudential identification of the Council of State to impute and/or exempt the State in an administrative and patrimonial way in the provision of health services to those deprived of freedom, supported by a descriptive research with preeminence of the synthesis-analysis method. |
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