Mecanismos jurídicos de acceso a la salud mental en Colombia en época de pandemia
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The health right in Colombia was founded under the parameters of the Law 100 of 1993, which implemented a private health service provision system, where the state subsidizes low-income citizens so they can access to the services. that were stipulated in the so-called POS (compulsory health plan), however, since its implementation, the system seems to present various problems in different fields, among which the lack of coverage and care deficiency are particularly relevant. For these reasons, since the implementation, it is recurrent that in Colombia the constitutional action of Guardianship enshrined in article 86 of the 1991 political constitution is used, so that through this mechanism designed to guarantee fundamental rights in an expeditious manner, the access to health services despite the fact that this is not exactly a fundamental right, but through rulings such as T-760 of 2008 issued by the Honorable Constitutional Court, the connection of this right with the fundamental right to life and principle of human dignity on which the Social State of Law is based. In this context, the right to mental health in Colombia is one of the health care fields where there is evidence of a high rate of constitutional actions in search of guaranteeing the service, which stands out with special importance in times of the Covid 19 pandemic. where isolation generated an increase in mental health problems and it became more difficult to access timely treatment. In that order, taking into account the internal regulations, the pronouncements of the High Courts and the context of the pandemic, this work aims to identify and analyze the most used legal mechanisms to access mental health care in times of pandemic.