Transgresión de los derechos constitucionales de salud y vida, en las personas que padecen enfermedades catastróficas en el Ecuador.

Abstract

Catastrophic diseases are considered to be those that have the effect of deteriorating the health of human beings, they present a high degree of complexity because they are acute, chronic and terminal, threatening people's lives. In Ecuador, the demand of patients suffering from catastrophic diseases has increased at present, the fulfillment of providing integral health care to this group of priority attention by the State is not being fully carried out as indicated in the Constitution of the Republic of Ecuador in its articles 35 and 50, which mention about the specialized and free, priority attention. This paper focuses on the legal problems related to comprehensive treatment, specifically access to medicines and supplies within the public health system. In the Organic Law of Health, Chapter III-A OF CATASTROPHIC AND RARE OR ORPHAN DISEASES in its numbered Art. (2) literal e, and numbered Art. (5) paragraph 1, people with catastrophic diseases are not incorporated, therefore, access to medicines and supplies is not guaranteed in a timely and preferential manner, in this group of persons in conditions of double vulnerability. Considering historical information, concepts, interviews, doctrine, current regulations and specialized bibliography, precise theories about the legal problem in the health field were corroborated. These means contributed to the verification of objectives, and the respective verification of the hypothesis, within the approach of the legal problem.