EN 
ES When does a tutela action for protection in health care proceed?
The tutela action proceeds when there is a need for immediate protection of fundamental rights in the face of action or omission of an authority or private individuals in the cases provided for, for example, EPS or IPS. In the tutela action, it must be demonstrated that there is a violation or threat to fundamental rights, such as the denial of services [...].
How to file a complaint with the National Superintendence of Health and why file a complaint?
In case the EPS or IPS denies or delays services, interrupts treatments, does not deliver medicines, fails to comply with medical orders or when there is a pattern of administrative barriers, a complaint can be filed with the National Health Superintendence. To do so, the following link is available: https://superargo.supersalud.gov.co/2/formularioWeb/pqrd.php. There he, she or he [...]
Does the right of petition replace or is it a prerequisite for tutela?
No. If there is urgency or risk, you can go straight to guardianship.
What is the right to petition in health?
The right to petition in health is used to demand a clear, substantive response within 15 working days or 10 working days when requesting documents or information. You can request the delivery of medical records, explanations of why services are denied, scheduling, authorisation, route information or correction of data [...].
What do I do if an EPS or IPS denies or delays appointments, medicines or procedures without justification?
Requests that the refusal be put in writing and files a right of petition requesting: The decision. The specific reason. The rule or criterion invoked. The escalation route (committees, audits or responsible body) (Law 1755 of 2015). In this right of petition you can ask for immediate measures such as a priority appointment, delivery of the medicine, continuity [...].
What can I do if the blood bank refuses my donation on discriminatory grounds?
A written explanation can be requested or recorded in another format, with a record of the date, place and obstacle. As it is related to harm, it is possible to activate a complaint and protective measures by means of a PQRSQ before the Provider, a complaint before the National Superintendence of Health, [...].
So what are they going to ask me at the blood bank?
They should ask about transfusion safety-relevant behaviours or exposures (e.g. risky practices or events), without assuming them to be based on your sexual orientation or gender identity.
In which cases can I be denied the possibility to refuse blood?
Donation may be deferred for clinical or transfusion safety reasons, but these reasons must be objective and applied without discrimination. All of these reasons apply on a case-by-case basis and are unrelated to your orientation or identity.
Can I be denied a donation because I am an LGTBIQ+ person?
No. Donation cannot be denied on the basis of sexual orientation or gender identity. The assessment must focus on clinically relevant risks based on individual risk factors, not on population categories. Additionally, the Constitutional Court by means of T-171 of 2022 ordered to adjust the screening approach to [...]
What are the consequences for the person who injected me with the unauthorised moulding substance?
Law 2316 of 2023 incorporated Article 116B of the Penal Code ("injuries with non-permitted modelling substances"). The law provides for imprisonment of 32 to 120 months and a fine of 150 to 250 minimum wages for anyone who injects or infiltrates these substances. The complaint can be filed with the Attorney General's Office, which [...].
