[Durgical](https://durgical.com/en/) › [DurgiPedia](https://durgical.com/en/durgipedia/) › [Medical ethics](https://durgical.com/en/medical-ethics/) › [The health system and the right to health](https://durgical.com/en/medical-ethics/areas/health-system/) › The right to health care: a decent minimum # The right to health care: a decent minimum - Topic A right to health is not a right to everything: it is barrier-free access to a broad set of services that the State guarantees. Updated Nov 13, 2026 ## Key points - Decent minimum: a basic level guaranteed to all; the rest is left to each person's choice and payment. - Right to health = access to services + conditions (water, housing, food, determinants). - Constitution, art. 49: health care is a public service under State responsibility, with access for all people. - Law 1751, art. 2: an autonomous, inalienable fundamental right; art. 5: the State must respect, protect and fulfil it. - Law 1751, art. 15: everything is covered unless explicitly excluded under the six criteria. ## What it is The right to health does not promise being healthy; it promises the conditions and services needed to be healthy. Ethics debates its scope. A classic idea is the «decent minimum»: everyone should receive a basic level of care, and above it each person may buy more. Other theories ask for more equality. In international law, the International Covenant on Economic, Social and Cultural Rights (art. 12) recognises the enjoyment of the highest attainable standard of health, with elements of availability, accessibility, acceptability and quality. In Colombia, the Constitution (art. 49) and Statutory Law 1751 of 2015 make it an autonomous fundamental right, and the State guarantees it through a broad plan from which only what the law allows is excluded. ## Key facts - Negative rights (not to be harmed) and positive rights (to receive something): the right to care is positive and depends on resources. - Progressive realisation: the State advances gradually and continuously, without going backwards (Law 1751, art. 6, principle g). - Constitution, art. 48: social security is a mandatory public service, guided by efficiency, universality and solidarity, and an inalienable right of all inhabitants. - Law 1751, art. 5: the State refrains from harming health, adopts policies of equal treatment, oversees, funds sustainably and intervenes in the market for medicines and devices. - Law 1751, art. 9: the State reduces inequalities in social determinants, with funds separate from those for services. - Law 1751, art. 15: Colombia's plan is implicit: everything is covered except what is excluded through a technical, public and participatory procedure. ## In clinical practice - A service that is not on the exclusion list must be provided; if it is denied, the patient can file a tutela. - The doctor tells the patient what they need even if the service requires paperwork; clinical decisions are not tailored to what the insurer prefers (Law 1751, art. 17). - The right brings duties for the patient, such as self-care and rational use of resources (art. 10), but failing them cannot block care. ## Legal framework in Colombia - Political Constitution, art. 48 (social security) and art. 49 (health and sanitation, amended by Legislative Act 2 of 2009). - Statutory Law 1751 of 2015, arts. 2, 5, 6, 9 and 15; Ruling C-313 of 2014 reviewed its constitutionality (see «Law 1751 of 2015»). - The tutela directly protects the right to health (see «Tutela in health»). - Official texts checked on 2026-11-13 at secretariasenado.gov.co and funcionpublica.gov.co. ## Test yourself Think of the answer, then tap the question to see it. ## What does the idea of a decent minimum in health care propose? That everyone receive a guaranteed basic level of care; above it, each person may obtain more according to their preferences and resources. ## What general obligations does the State have under article 5 of Law 1751? To respect, protect and guarantee the effective enjoyment of the right to health. ## How does Colombia define which services are not funded with public money? Through the six criteria of article 15 of Law 1751 and a technical-scientific, public, collective, participatory and transparent procedure. ## What does progressive realisation of the right to health mean? That the State gradually and continuously widens access and reduces barriers, without going backwards (Law 1751, art. 6, principle g). [Add to my cards (4)](https://durgical.app/estudiar/?add=/en/medical-ethics/the-right-to-health-care-a-decent-minimum/) ## Elsewhere in DurgiPedia - [Social determinants of health](https://durgical.com/en/epidemiology/social-determinants-of-health/) ## Connections ## Related 6 - [Ley Estatutaria 1751 de 2015: health as a fundamental right](https://durgical.com/en/medical-ethics/ley-estatutaria-1751-de-2015-health-as-a-fundamental-right/) - [Tutela in health](https://durgical.com/en/medical-ethics/tutela-in-health/) - [Ley 100 de 1993: the general social security health system](https://durgical.com/en/medical-ethics/ley-100-de-1993-the-general-social-security-health-system/) - [Theories of justice in health](https://durgical.com/en/medical-ethics/theories-of-justice-in-health/) - [Priority setting and rationing](https://durgical.com/en/medical-ethics/priority-setting-and-rationing/) - [Patients' rights and duties in Colombia](https://durgical.com/en/medical-ethics/patients-rights-and-duties-in-colombia/) [← All of medical ethics](https://durgical.com/en/medical-ethics/) Educational content on ethics and health law; not legal advice. Laws and case law change: each page links the official text and says when it was last checked. For a real case, read the text in force and ask a lawyer or the medical ethics tribunal. Sources: [Human rights and health](https://www.who.int/news-room/fact-sheets/detail/human-rights-and-health) (World Health Organization, 2023); [Justice and Access to Health Care](https://plato.stanford.edu/entries/justice-healthcareaccess/) (Stanford Encyclopedia of Philosophy, 2017); [Constitución Política de Colombia de 1991, arts. 48 y 49](https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=4125) (Función Pública, Gestor Normativo, 1991); [Ley Estatutaria 1751 de 2015](https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=60733) (Función Pública, Gestor Normativo, 2015). ## **Spotted a mistake?** We are always improving for the community. Tell us what is wrong and our team will review it. Report a mistake Representative model, for educational purposes only. --- Source: https://durgical.com/en/medical-ethics/the-right-to-health-care-a-decent-minimum/ License: CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). Cite as: DurgiPedia (durgical.com), https://durgical.com/en/medical-ethics/the-right-to-health-care-a-decent-minimum/