RIGHT TO HEALTH AT WORK: VIOLATION AND FRAGMENTATION IN ITS UNDERSTANDING AND MATERIALIZATION

Abstract

Objective: to describe the problems of working men and women who, when perceiving their right to health at work violated due to alleged or declared workplace accidents or illnesses (ATEL for its acronym in Spanish) sought support and filed one or more constitutional resources to achieve their effective restoration. Materials and methods: Mixed study. A survey was applied to 189 workers who suffered an alleged ATEL event and who sought support in the solidarity extension services at Univesidad de Antioquia or in human rights organizations in the city of Medellin. The survey that captured sociodemographic data, social security data, labor data, the Occupational Health and Safety Management System (SGSST for its acronym in Spanish) data of the background, occurrence and consequences of ATELs and legal resources interposed. For the qualitative approach, an in-depth interview was conducted with an occupational physician and an independent lawyer and four focus groups with workers who suffered ATELs, trade unionists, lawyers and doctors representing the Occupational Risk Administrator (ARL for its acronym in Spanish), and academicians. Results: the most vulnerable workers were the most affected in their right. The agents that make up the General System of Occupational Risks (SGRL by its acronym in Spanish) make a fragmented approach to health and work that facilitates the violation of the right. Workers suffering from ATEL must face economic, administrative and access to health barriers to restore their right. Conclusions: Decent and respectable work is a horizon towards which efforts should be aimed so that the most historically vulnerable workers conquer and sustain full, dignified and healthy life. Resources such as guardianship action contribute to the fulfillment of the right to health at work.