The right to health and migrants in the IACHR and Colombian Jurisprudence

The paper intends to study the developments of the jurisprudence of the IACHR and the Colombian Constitutional Court related to the right to health and migration. States must guarantee equal treatment to all persons, and take positive action on those in a situation of vulnerability or risk. Therefore, in the current context, States should take positive action to prevent historically violated groups from being discriminated against in access to health. In Colombia, foreigners in general – including migrants – who are irregularly staying in Colombia must regularize their situation to join the health system in Colombia. That obligation must be analyzed in front of the state duty of solidarity enshrined in Law 1751 of 2015, which states that everyone has the right to receive emergency care without prior payment being required, and the Decree 866 of 2017, which regulates the initial emergency care provided to nationals of the border countries, in Colombian territory.