Revista Temas de Derecho Constitucional

210 Revista Temas de Derecho Constitucional PALABRAS CLAVE jurisprudencia constitucional, DESC, salud, educación, trabajo, asociación sindical, migrantes en situación regular e irregular, atención en urgencias, prestación del servicio de salud. ABSTRACT The Constitutional Court has established a line of guarantee of the Economic, Social and Cultural Rights of foreigners living in the national territory. Due to the growing demand for ESCR of the migrant population, the Court has had the opportunity to define, in particular, the content and scope of the right to health of foreigners in regular and irregular migratory situation, related to the affiliation to the Health Social Security System, transplantation of anatomical components, care for pregnant women and people diagnosed with HIV/AIDS, cancer and children with degenerative, progressive and catastrophic diseases. Likewise, jurisprudence has ruled on specific aspects of the right to work, freedom of association and education. Owing to the importance of the migration phenomenon and the solidarity duty of the Colombian State, this article aims to present the decisions that the Constitutional Court has issued in relation to the guarantee of ESCR for foreigners, including the right to health, education and work. In particular, this study will emphasize the content and scope of the right to health, since it has been the fundamental prerogative, whose satisfaction have been most demanded by migrants to the Colombian State. KEY WORDS constitutional jurisprudence, ESCR, health, education, work, freedom of association, migrants in regular and irregular situation, emergency care, health service provision.

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