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# Tutela and ways to claim the right to health

- System and programme

If an EPS refuses or delays a service, the user can complain to the EPS, complain to Supersalud, or go to a judge with a tutela action.

Updated Nov 5, 2026

## Key points

- Tutela action: article 86 of the Constitution; immediate protection of fundamental rights; ruling within 10 days at most.
- Tutela applies when there is no other judicial remedy, or as a temporary measure to avoid irreparable harm.
- Supersalud: inspection, oversight and control, intake of PQRD and judicial function (Law 1122 of 2007, article 41, amended by Law 1949 of 2019).
- Ruling T-760 of 2008: health is a fundamental right and tutela is a suitable way to claim it.
- Law 1751 of 2015 (article 14) forbids denying services and keeps the tutela available.
- PQRD: petitions, complaints, claims and reports, to the EPS, the IPS or Supersalud.

On this page

- The basics Key points
- What it is
- How it is organised
- Worked example
- Routes to claim the right to health
- Markers
- In practice
- Reference norms
- Memory aid

- Study Test yourself

- Connections Connections

## What it is

In Colombia the right to health is claimed through several routes. The first is a petition, complaint or claim to the EPS or IPS itself. The second is the National Health Superintendency, which receives PQRD and has judicial functions to decide certain disputes as a judge would (for example, refusal of services that puts health at risk). The third is the tutela action of article 86 of the Constitution, a preferential and summary procedure to protect fundamental rights, which a judge must decide within ten days at most.

## How it is organised

- First step: a written petition or claim to the EPS or IPS, to leave a record.
- Second: a complaint to Supersalud or a request for its judicial function in the matters the law assigns to it.
- Third: a tutela action before a judge when a fundamental right is violated or threatened.
- The tutela ruling must be complied with immediately, can be appealed and goes to the Constitutional Court for possible review.

## Worked example

- A made-up patient has a medical order for surgery; after 45 days the EPS has not authorised it.
- Day 1: he files a written claim with the EPS and keeps the filing number.
- Day 10: with no answer, he files a complaint with Supersalud through the PQRD channel.
- Because the delay threatens his health, he also files a tutela action; the judge must rule within 10 days at most.
- The judge orders the EPS to authorise the surgery within 48 hours; the ruling takes effect immediately.

## Routes to claim the right to health

| Mechanism | Before whom | When it is used |
| --- | --- | --- |
| Petition, complaint or claim | EPS or IPS | First step after a refusal, delay or poor treatment |
| PQRD to Supersalud | National Health Superintendency | When the EPS or IPS does not answer or fails to comply |
| Judicial function of Supersalud | National Health Superintendency, acting as a judge | Coverage disputes, refunds of emergency costs, multiple enrolment and other matters set by law |
| Tutela action | Any judge of the Republic | Violation or threat of a fundamental right |

## Markers

- Tutela
- PQRD
- Supersalud
- Judicial function
- T-760/08

## In practice

- A clear medical order, well justified in the clinical record, is the main evidence in a claim or a tutela.
- Emergency care is not conditional on prior administrative authorisation (Law 1751, article 14).

## Reference norms

- Political Constitution of 1991, article 86: tutela action.
- Law 1122 of 2007, article 41 (amended by Law 1949 of 2019): judicial function of Supersalud.
- Law 1751 of 2015, articles 2 and 14.
- Constitutional Court, ruling T-760 of 2008.

## Memory aid

Claim, complain, tutela: EPS, Supersalud and judge, in that order when there is time; tutela straight away when there is not.

## Test yourself

Think of the answer, then tap the question to see it.

## Which article of the Constitution contains the tutela action?

Article 86 of the Political Constitution of 1991.

## How long does the judge have to decide a tutela?

No more than ten days may pass between the tutela request and its decision.

## What special function does Supersalud have besides oversight?

A judicial function: it can hear and decide, with a judge's powers, certain disputes, such as a refusal of coverage that puts health at risk.

## In broad terms, what did the Constitutional Court say in ruling T-760 of 2008?

That health is a fundamental right, that tutela is a suitable way to protect it, and it ordered the benefits plans to be updated and unified.

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## Connections

## Related 4

- [The Statutory Health Law (Law 1751 of 2015)](https://durgical.com/en/epidemiology/the-statutory-health-law/)
- [The health benefits plan](https://durgical.com/en/epidemiology/the-health-benefits-plan/)
- [Colombia's General System of Social Security in Health (SGSSS)](https://durgical.com/en/epidemiology/colombia-s-general-system-of-social-security-in-health/)
- [EPS and IPS (insurers and providers)](https://durgical.com/en/epidemiology/eps-and-ips/)

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Educational content on epidemiological and statistical methods; the examples use made-up numbers to teach the calculation. Not a clinical or legal guide: current Colombian rules are in the official sources.

Sources: [Constitución Política 1 de 1991](https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=4125) (Departamento Administrativo de la Función Pública, Colombia (Gestor Normativo), 1991); [Ley 1122 de 2007](https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=22600) (Departamento Administrativo de la Función Pública, Colombia (Gestor Normativo), 2007); [Sentencia T-760/08](https://www.corteconstitucional.gov.co/relatoria/2008/t-760-08.htm) (Corte Constitucional de Colombia, 2008); [Supersalud PQRD](https://www.supersalud.gov.co/es-co/atencion-ciudadano/pqrd) (Superintendencia Nacional de Salud, Colombia, 2026).

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Representative model, for educational purposes only.

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License: CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). Cite as: DurgiPedia (durgical.com), https://durgical.com/en/epidemiology/tutela-and-ways-to-claim-the-right-to-health/