Análisis jurídico a la enfermedad catastrófica renal crónica cuyo tratamiento es hemodiálisis en el Derecho Comparado. Propuesta de Reforma a la Ley Orgánica de Salud.

Abstract

Ecuador upholds a framework of constitutional rights and guarantees for groups requiring priority attention, such as those with chronic kidney disease, which are protected by both state and private entities. Consequently, this research examines the current right to health for this priority group within the context of existing provisions linked to constitutional rights. It analyzes the issue from both doctrinal and jurisprudential perspectives, focusing on access to peritoneal dialysis or hemodialysis treatments for individuals with chronic kidney disease, who are considered a vulnerable population. However, a constitutional review of Judgments No. 87-22-IS/24 and No. 16-16-JC/20 both issued by the Constitutional Court of Ecuador, reveals significant issues: the first judgment highlights massive outstanding payments by the State, a situation that violates the Constitution and threatens lives; the second judgment demonstrates the gap between constitutional mandates and actual practice. The study concludes that chronic kidney failure is classified as a catastrophic illness requiring State coverage; since hemodialysis and peritoneal dialysis are the necessary treatments, a specific article addressing this matter should be incorporated into the Organic Health Law a practice reflected in the health laws of Mexico and the United States.