2023-12-05 21:26:25
A protection action was what led the Constitutional Court to ask the government to regulate the law Law 1355 of 2009 that defines obesity and chronic non-communicable diseases as a public health priority. These diseases include cancer, cardiovascular diseases, diabetes and chronic lung diseases, among others.
Through ruling T-432 of 2023, Judge José Fernando Reyes studied a protection action filed by Antonia* once morest Nueva EPS, an entity that refused to carry out a multidisciplinary assessment to determine whether she was suitable for performing surgery. bariatric.
Constant exercise helps to considerably reduce the risk of suffering from hypertension and an ideal weight. | Photo: Peter Dazeley
“The denial of medical service constituted a violation of Antonia’s rights to health, a dignified life, and the minimum living standards. In the first and second instance, the protection was denied, because it was considered that there were no medical orders that would allow it to be established that Antonia had a health diagnosis that put her health and decent living conditions at risk,” says a Court press release.
Likewise, the court indicates that the Ninth Review Chamber protected the rights to health in its diagnostic aspect and to a dignified life for Antonia* because it considered that it was overlooked that the disease of obesity has generated physical and psychological effects on her, which also translates into a limitation to live fully.
Tobacco smoke can cause cancer, another chronic non-communicable disease | Photo: sestovic
Regarding the physical effects, the sentence mentioned that “[l]The WHO established that overweight and obesity are a risk factor for developing other health conditions such as cardiovascular diseases, diabetes, osteoarthritis and some cancers. Concerning her physical appearance, it was indicated that the patient “[t]“He has symptoms of psychological impact (…) due to dissatisfaction with his physical appearance.” Therefore, the ruling concluded that obesity can lead to serious physical and mental health problems.
In its analysis, the Court drew the attention of the national government to its duty to regulate and promote public policies on healthy eating, physical activity and education on the risks associated with bad consumer habits. The above, because obesity is a priority public health issue. In that sense, in the ruling, the Court expressed its concern that the provisions of Law 1355 of 2009 have not yet been fully and effectively implemented, specifically, it indicated that “[s]Although progress has been made through the institutional efforts of the Ministry of Health, the EPS and the IPS, obesity has not been addressed as a public health issue.”
In the case of Antonia*, the Court revoked the lower court decisions and ordered the New EPS to carry out a medical evaluation by a multidisciplinary group to determine the viability of bariatric surgery for her. Likewise, the EPS was ordered to implement obesity prevention policies and create a psychological support program for users of its network who have the disease of obesity and/or overweight.
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