Without Approving the Healthcare Reform, Its Debate Is in Danger Because of a Procedural Error

Labor attorney Camilo Cuervo and constitutional law attorney José Rengifo were cited in a La República article analyzing what could happen to Colombia's healthcare reform package. Even though the bill has achieved success in Congress, the Technical Legislative Unit has indicated it should have been processed as a statutory law instead of an ordinary law.

"Subject matter experts point out that the measure makes healthcare a fundamental right, so it cannot be regulated by an ordinary law but rather through a statutory law. Major reforms to the system have been processed as the latter," Mr. Cuervo affirmed, adding that the Constitutional Court could strike down the law because of this error.

Mr. Rengifo commented that it is important for Congress to initiate a new round of debate, processing the reform as a statutory law to avoid the risk of its being declared unconstitutional.

"It is fundamental to watch whether Congress opts to process the reform as a statutory law; this approach would have the advantage that, if it is approved under this procedure, it is more likely that it passes muster with the Constitutional Court," he said.

READ: Without Approving the Healthcare Reform, Its Debate Is in Danger Because of a Procedural Error