Consumer law, gender and sexual identity in provision of health services in Colombia

Abstract

The purpose of this document is to link consumer law with equitable access to health services, considering gender and sexual identity, from the context of the Colombian health system, highlighting structural discrimination against vulnerable populations, especially people with diverse sexual and gender identities. The methodology employed consisted of normative, jurisprudential, and doctrinal analysis of laws, rulings, and constitutional principles on health, consumerism, and sexual identity. The approach used is legal-social, intersectional, and constitutional, centering on the figure of the consumer as a subject of rights in differentiated medical contexts. Among the results, regulatory gaps are identified that affect access to adequate health services for transgender people and other marginalized populations. The findings reveal an unequal structure in the health system, where the medical contract ignores identity-based realities that require differentiated protection. The discussions revolve around obligations of means and results in medical services, demanding more demanding standards depending on the type of intervention. The conclusions propose a transformation of consumer law toward the protection of fundamental rights such as dignity, autonomy, and personal development. Therefore, a novel conceptual proposal is included that redefines the figure of the health consumer as key to effective legal equity.