This article describes the health status of children aged 1 to 4 years in Colombia and the presence of disparities, using Acute Respiratory Infections (ARI) as tracers. In second place it explains the social determinants of ARI and discusses the connection between social determinants of health, legal regulations on the Right to Health and the degree of fulfillment of this right. Finally, it analyzes the role of social policy in the realization of children's rights and the existing contradiction between regulatory framework and the effective guarantee of their rights, which often generates only from the use of judicial machinery like the Tutela, thereby subverting the constitutional order and invalidating its principles and values.