Judgment T-760/08 on the Right to Health Judgment T-760/08 on the Right to Health I. CASE Judgment T-760/08 July 31, 2008 II. JURISDICTION Second Review Chamber of the Colombian Constitutional Court III. THEMATIC FOCUS - Right to health - State obligations regarding programmatic rights - Progressive rights - Culpability of state omissions IV. NATURE & CONTEXT OF THE CASE 1. Procedural History Twenty-two plaintiffs brought individual tutelas (claims of unconstitutionality) against health insurance companies and state agencies responsible for health care delivery oversight in their local municipal judiciaries. While the claims the plaintiffs brought were diverse, each concern situations in which the right to access to health was denied. The Constitutional Court consolidated the 22 cases and decided them together. 2. Parties Twenty-two individual plaintiffs v. State administrative health agencies (Departamento Administrativo Distrital de Salud, Entidad Cooperativa Solidaria de Salud, la Secretaría de Salud del Departamento del Cesar), and six different health care service providers. 3. Date July 31, 2008 V. SUMMARY OF THE CASE 1. Background and summary of the facts This judgment addresses 22 Tutelas (claims of constitutional violations) relating to systemic problems in the health system. The Court also addresses the resolution of a series of structural flaws in the health system. Violations claimed in the tutelas include state’s failure to timely reimburse health care providers; access to health services in conditions of integrality; access to

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