The human right to health and its enforcement in the ecuadorian legal order

Abstract

The human right to health, in Ecuador, is of direct and immediate application, in accordance with the provisions of paragraph 1, number 3, article 11 Republic’s Constitution, however, paragraph 2, article 32 of the same constitutional body provides that the State will guarantee the right to health through economic, social, cultural, educational and environmental policies and permanent, timely and non-exclusive access to programs, actions and services for the promotion and comprehensive health care, that is, of progressive and not immediate fulfillment, that is, a second generation right, obsolete classification and repealed by the 2nd World Conference on Human Rights, of 1993 of the UN, held in Vienna, which agreed in its 5th Recital: «The The international community must treat human rights globally and in a fair and equitable manner, on an equal footing and giving everyone equal weight. But in reality, this right is violated by the States, and those affected must resort to national or international justice, to demand its compliance, there is reiterated jurisprudence where the Justice has forcibly demanded its application, by ruling in favor of those affected, especially, in relation to the denial of treatments or medicines, generating both national and international judgments, the forced fulfillment of this human right that is denied to its holders.