LA REGULACIÓN DEL CANNABIS MEDICINAL EN EL ECUADOR FRENTE A LA TUTELA DEL DERECHO HUMANO AL ACCESO AL MEDICAMENTO ¿ES LA MERCANTILIZACIÓN LA ÚNICA OPCIÓN?

Abstract:

In the world, and particularly in the Latin American region, there are several countries that have generated regulations for access to medical cannabis treatments, in order to establish control of planting, cultivation, harvesting, production, importation, dispensation or other aspects related to the elaboration of medicines from the compounds of the plant; and at the same time, allow people with specific diseases to have legal protection of their right to access to medicines, as a fundamental condition related to the right to the enjoyment of the highest attainable standard of physical and mental health. The objective of the research work is to analyze medical cannabis regulation projects that exist in Ecuador, in relation to their duties related to the protection of the human right to access medication. For which, from a critical propositional paradigm, with a qualitative approach and through the comparative method, the obligations established in the Constitution of the Republic and the international instruments of Human Rights related to the protection of the aforementioned right, were identified, together with the regulatory proposals; to contrast them with those generated in other legal systems. It was verified that the measures formulated in the Ecuadorian legislation point to a regulation of medical cannabis based solely on a mercantilist vision, despite the constitutional recognition of entities such as autonomous, community and alternative medicine, as bias for health care.

Año de publicación:

2018

Keywords:

• cannabis
• Salud
• derechos humanos
• Medicamento

Fuente:

rraae