Derechos de las personas con enfermedades catastróficas: su alcance en la Constitución de la República

Abstract

This case study analyzes an action for protection filed in Ecuador due to the refusal of the Ministry of Public Health to purchase medicines for a group of people with catastrophic diseases, because they were not included in the National List of Basic Medicines. The analysis focuses on the constitutional protection of the rights of this group of people, particularly their right to health and access to medicines. The methodology used is qualitative, based on the bibliographic review of the Ecuadorian legal system and on the jurisprudential analysis related to rights in the field of health. The results of the research indicate that, although the Constitution of the Republic guarantees the protection of people with atastrophic diseases, the State does not comply with the full guarantee of these rights. This is due, on the one hand, to the limitations of the National List of Basic Medicines and, on the other hand, to insufficient resources in the public health system.