Right to health against the law of prevention, protection and care of diabetes

Abstract

Introduction: Health currently has an important connotation considered as a first generation right, to reach this right the human being had to go through many aspects throughout history. To support the right to health there are international instruments that ensure compliance with the doctrines, being instruments of control and support for the legal system. Ecuadorian constitutionalism has evolved gradually, currently being a guaranteed Constitution, where the right to health is part of Good Living and acquires the importance that is required to conduct the good management of this fundamental right. In Ecuador, respect for the right to health against diseases such as diabetes mellitus is governed by a regulation that is stagnant in the face of the current reality, this is the Law of prevention, protection and care of diabetes, published on March 11 of 2004, has not been reformed nor does it break down the principles and rights contemplated in the Constitution of the Republic of Ecuador of 2008.  Objective: This work aims to analyzed how the right to health is guaranteed for people with type 1 diabetes mellitus through Ecuadorian legal regulations. Methodology: The methodology implemented in this research has been qualitative, descriptive, and legal analysis was applied. Results:  the result of this research proposes a legal reform that guarantees the prevention, protection, and care of people with diabetes. Conclusions:  it is concluded that the State is not guaranteeing access to the right to health for people suffering from type 1 diabetes mellitus.