English

DECISION T-452/18. PRINCIPLE OF CONTINUITY ON THE PROVISION OF HEALTH SERVICES TO RETIRED MEMBERS OF THE POLICE

Summary


The plaintiff pleads that the Sanity Direction of the National Police violated his fundamental rights to life, health and human dignity, by retiring him of the Subsystem of Health, arguing the finalization of the labor relation, without considering that the claimant was in therapeutic, medical, psychiatric and psychological treatment for the consumption of psychoactive substances.

The complainant explained that he entered the armed forces in 2014. During the year 2016 was transferred to the city of Medellín, as an integrant of a group commissioned to confiscate psychoactive substances en zones of high consumption. As a consequence of his everyday labors, the few hours of sleep and the responsibility to show results, he began to consume the confiscated drugs. When the commandant knew about this situation proceeded to remit him to health services where he accepted his addiction problems and requested to be admitted to a rehabilitation center. The actor was dismissed from active duty, and therefore retired from the health service subsystem of the police, generating the violation to his fundamental rights. The Court studied the constitutional development of the principle of continuity in the health services of retired members of Military Forces and National Police and the fundamental right to health of people who suffer mental disorders derived from the consumption of psychoactive substances. After this considerations, this Court decided to grant the fundamental rights to health, life and human dignity of the complainant and, in that sense, to order the defendant to resume the health services for the complainant until he regains his health condition or is affiliated to the General Regime of Social Security in Health Services.