Derecho al Olvido enfermedades catastróficas.

Abstract

In Ecuador, a persistent problem affects individuals who have overcome catastrophic illnesses, as they continue to face restrictions and discriminatory practices from insurers and financial institutions. These entities often use past medical history as a criterion for exclusion or conditioning, even after patients have been medically discharged, which creates barriers to accessing health services and financial products under equal conditions. Current legislation, particularly the Organic Law that Regulates the Companies that Finance Comprehensive Health Care Prepaid Services and the Insurance Companies that Offer Medical Assistance Insurance Coverage, published in Official Register No. 863 of October 17, 2016, prohibits the use of preexisting medical conditions as unilateral grounds for denying affiliation. Nevertheless, in practice, indirect mechanisms of restriction persist, such as surcharges, extended waiting periods, and coverage limitations, which disproportionately affect those who have already faced severe health conditions. This situation highlights a regulatory gap that allows practices contrary to the principle of substantive equality enshrined in the Constitution of the Republic of Ecuador and that, at the same time, limits the effective exercise of fundamental rights such as non-discrimination and access to health. Analyzing this issue is essential to understanding how current regulation, despite representing significant progress, remains insufficient to address the protection needs of this particularly vulnerable group.