Revisión de Literatura: Justiciabilidad de los Derechos Económicos Sociales y Culturales con Enfoque en el Derecho a la Salud

Abstract

The participation of legislative bodies around the world about the Economics, Social and Cultural Rights makes relevant to investigate its justiciability. In the Colombian case, it has been a considerable amount of tutelas to demand rights of this kind, especially in health. In academic debates there is a debate about the participation of judges in those cases. This paper presents a literature review on this topic, particularly in the right to health. To understand the discussion, it is important to know the judicial intervention scope and account for the public cost to guarantee the right. That’s why the discussion involves both lawyers and economist, and what are developed in this paper are precisely those arguments and counterarguments that have been debated on the justiciability discussion.