The rights of Venezuelan immigrants to access the health care system

Camilo v. Secretariat of Health of Barranquilla

Date:  08/30/2019

Judge-Rapporteur:  Luis Guillermo Guerrero Pérez

Dissent:  Alejandro Linares Cantillo (partial)

Facts.  The plaintiff, of Venezuelan nationality, claimed that his spouse was diagnosed with infiltrating ductal carcinoma.  Because of that, she underwent a radical mastectomy, and was ordered periodical check-ups every four months.  The petitioner said that they emigrated from Venezuela to get here the health assistance they could not access there, given the political situation of his country.  Due to the refusal of the hospital to provide the required oncological care, he filed legal action to get the protection of their constitutional rights. He requested to order the health authorities to provide the necessary comprehensive care.

Issue: Do Venezuelan immigrants have the right to access the Colombian health care system?

Ruling and reasoning.  Yes, subject to certain conditions.  To reach this decision, the Chamber elaborated on the following criteria: i. The origin of the constitutional amparo action, ii. The health care system as both, a public service, and a fundamental right, iii. The rules on the affiliation of foreigners to the General System of Social Security in Health, and, iv. The regulations regarding the referral of patients.  Therefore, the Court concluded that the immigrant has the right to the services since the migration office certificated her regular immigration status and the fact that she Is the holder of a Special Permit of Residence.

As a result, the Court GRANTED the amparo and ordered the Secretariat of Health and pertinent health authorities to evaluate whether the plaintiff´s wife meets the legal requirements to receive medical health care that covers foreigners in the country in accordance with established positions of the Court.