Salud y derecho: una relación conflictiva: una mirada al proceso histórico de reconocimiento de “la salud como un derecho” y los avatares de su implementación en Colombia, desde los Estudios Sociales de la Salud (2008-2015)
Thesis
This research aimed to understand the process of recognition of health as a right and the vicissitudes of its implementation in Colombia. It was based on the sanction of Sentence T-760 of 2008, with which health in Colombia began to be recognized as an autonomous right; and, the promulgation of Statutory Law 1751 of 2015, through which health was given the category of fundamental human right, was its final point. Methodologically, the study was supported by sociopolitical-critical historical documentary analysis and the proposals of Pierre Bourdieu's political sociology, which allowed us to understand the health sector as a social field where sociopolitical actors (institutional and individual) participate to hegemonize and appropriate the symbolic and material capitals that are at stake in it. As a result, processes and dynamics were developed that hindered the implementation of health as a right in the country, mainly those related to the strengthening of the neoliberal model, the commercialization of health deepened by Law 100 of 1993, and corruption processes. in the health sector. From this approach, it is concluded that health as a right in Colombia has been a field of political dispute between sociopolitical actors who conceive health as a service offered through the market and those who defend its category of fundamental right. Likewise, it is also concluded that the field of health has been configured in an unbalanced manner in favor of the field of power. Therefore, despite the advances in legal matters between 2008 and 2015, health as a fundamental right of the entire Colombian population continues to be a challenge to achieve.
