La determinación médica del estado grave por enfermedad y el derecho a la salud de las personas privadas de la libertad en Colombia

Abstract

In this article we detail the elements that intervene in the determination of the grave state due to illness in a person deprived of liberty are particularized, starting from the jurisprudential precedent that in Colombia has been dictated with respect to the rights of the recluses we extend ourselves in the law of health, to analyze the obligation of the State to provide this population group with adequate protection of that specific right, especially the participation of some of the state institutions in penitentiary and prison policy to guarantee timely medical care and specifically the Preponderant action by the Institute of Legal Medicine in the development of regulatory frameworks that serve as a basis for medical professionals who issue the foundational concepts of a judge's decision to grant the benefit of home detention as a measure to prevent the continued deterioration of their health . It is intended, therefore, to present in a comprehensive manner the need to establish within the judicial field effective respect for the scientific autonomy of physicians