Los efectos de la vacuna contra el Covid-19 y la responsabilidad extracontractual del Estado: régimen y fundamento de responsabilidad
The pandemic caused by the SARS Cov-2 virus, better known as Covid-19, brought with it multiple social, political, economic and, of course, legal challenges. In the latter, the challenges have been relevant from various perspectives, such as measures adopted by the State in the face of the health co...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8702313 |
| Source: | Academia & Derecho, ISSN 2539-4983, null 12, Nº. 23, 2021 |
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| Summary: |
The pandemic caused by the SARS Cov-2 virus, better known as Covid-19, brought with it multiple social, political, economic and, of course, legal challenges. In the latter, the challenges have been relevant from various perspectives, such as measures adopted by the State in the face of the health contingency or the changes in procedural matters that led the judicial process to virtuality, always being present the right to damages, specifically, from the non-contractual liability of the State that may arise on the occasion of the vaccination processes for the immunization of the Colombian population, provided for in Law 2064 of 2020 (Law 2064, 2020), a rule with which multiple obligations arise for the State and from which some conditions can be identified regarding the eventual claim and declaration of responsibility based on proof of the existence of damage caused to citizens within the framework of said process, therefore, in this The investigation intends to address one of the initial and most relevant components of responsibility, the one related to the regime and the basis or title of applicable imputation, for which some aspects of the other elements that make up the judgment of responsibility are analyzed. All of the above, based on a historical-normative and historical-jurisprudential analysis of immunization processes carried out in the country. |
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