Judicialization of the right to health: (Un)compliance of the judicial decisions in Medellin, Colombia

2019 ◽  
Vol 34 (4) ◽  
pp. 1277-1289
Author(s):  
Diego Gómez‐Ceballos ◽  
Isabel Craveiro ◽  
Luzia Gonçalves
Keyword(s):  
Right To Health ◽  
Judicial Decisions ◽  
The Right

Claiming the Right to Health in Brazilian Courts: The Exclusion of the Already Excluded?

2011 ◽  
Vol 36 (04) ◽  
pp. 825-853 ◽  
Author(s):  
Virgílio Afonso da Silva ◽  
Fernanda Vargas Terrazas
Keyword(s):  
Political Process ◽  
Right To Health ◽  
Social Rights ◽  
Medical Treatments ◽  
Right To Health Care ◽  
Judicial Decisions ◽  
The Poor ◽  
Widespread Belief ◽  
The Right ◽  
The City

The aim of this article is to test a widespread belief among Brazilian legal scholars in the area of social rights, namely, the claim that courts are an alternative institutional voice for the poor, who are usually marginalized from the political process. According to this belief, social rights litigation would be a means (supposedly “a better means”) of realizing rights such as the right to health care, since supposedly both the wealthy and the poor have equal access to the courts. To probe the consistency of this belief, we analyzed the socioeconomic profiles of plaintiffs in the city of Sao Paulo (Brazil) who were granted access to specific medications or medical treatments by judicial decisions. In this study, the justiciability of social rights has not proven to be a means of rendering certain public services more democratic and accessible.

Priority-setting and the Right to Health: Synergies and Tensions on the Path to Universal Health Coverage

2020 ◽  
Vol 20 (4) ◽  
pp. 704-724
Author(s):  
Daniel Wei Liang Wang
Keyword(s):  
Health Systems ◽  
Universal Health Coverage ◽  
Priority Setting ◽  
Right To Health ◽  
Health Coverage ◽  
Judicial Decisions ◽  
The Third ◽  
The Right ◽  
To Receive ◽  
Universal Health

Abstract There is a growing consensus that fair priority-setting and the right to health contribute to achieving universal health coverage. The right to health creates legal entitlements to receive care and fair priority-setting promotes efficient and just health systems. However, there can be tension between them, particularly when the right to health is judicially protected. This article analyses three approaches to understanding this tension: the first minimises the conflicts between them to emphasise their synergies; the second admits the tension and considers it positive as rights create and protect substantive entitlements against priority-setting decisions; the third also recognises that this tension exists, but sees these substantive entitlements as obstacles for fair priority-setting. Building on the analysis of these approaches, this article argues that the involvement of courts in allocative decisions can be more comprehensively evaluated by assessing whether they promote or impair fair priority-setting rather than by focusing on the direct beneficiaries of judicial decisions. If this argument is correct, then courts using the right to health to create and enforce substantive entitlements to health treatments becomes very questionable.

scholarly journals Derecho a la salud de ancianos y discapacitados y criterio de interpretación de los hechos en materia de salud / Right to health of old age and disability and Interpretation criteria of facts in health matter

2018 ◽  
pp. 219-235
Author(s):  
Micaela Rocío Passetti
Keyword(s):  
Old Age ◽  
Legal Reasoning ◽  
Right To Health ◽  
Judicial Decisions ◽  
Court Of Justice ◽  
Interpretation Criteria ◽  
The Right

El presente artículo analiza la resolución del Tribunal Superior de Justicia de un recurso de apelación contra el dictamen de la Cámara Contencioso Administrativa que no hace lugar a una acción de amparo. La sentencia objeto de análisis nos expone claramente la naturaleza del razonamiento jurídico y el alcance del Derecho a la Salud de discapacitados y ancianos, como así también, el criterio de interpretación de los hechos en materia de salud y su relevancia innegable para arribar a lo justo judicial.   This article analyzes a resolution of the Superior Court of Justice. The resolution clearly exposes the nature of the legal reasoning and the scope of the Right to Health, as well as the interpretation criteria of facts in health matter and its undeniable relevance to arrive at fair judicial decisions.

Health as an enforceable positive right: the Brazilian Supreme Federal Court’s case law on the access to medicines

2019 ◽  
Vol 102 (2) ◽  
pp. 117-134
Author(s):  
Ingo Wolfgang Sarlet ◽  
Mariana Filchtiner Figueiredo
Keyword(s):  
Case Law ◽  
Federal Court ◽  
Access To Medicines ◽  
Right To Health ◽  
Constitutional Order ◽  
Judicial Decisions ◽  
The Right

This paper aims to present and discuss how the right to health has been considered a fundamental right and duty in the Brazilian constitutional order, in particular as a positive enforceable entitlement. The main purpose is to analyze - in light of the example of medicines - the role of the Brazilian Supreme Federal Court regarding the effectiveness of the right to health, and to present a discussion about proper criteria to justify judicial decisions in this domain.

Some Comments on the Highest Attainable Standard of Health

2020 ◽  
Vol 26 (2) ◽  
pp. 134-140
Author(s):  
Gabriela Belova ◽  
Stanislav Pavlov
Keyword(s):  
Health Resources ◽  
Right To Health ◽  
International Standards ◽  
Special Rapporteur ◽  
Health It ◽  
Significant Development ◽  
Cultural Rights ◽  
Optional Protocol ◽  
The Social ◽  
The Right

AbstractThe last decades present a significant development of the economic, social and cultural rights and specifically, the right to health. Until 2000, the right to health has not been interpreted officially. By providing international standards, General Comment No.14 on the right to the Highest Attainable Standard of Health has led to wider agreement that the right to health includes the social determinants of health such as access to various conditions, services, goods or facilities that are crucial for its implementation. The Reports of the Special Rapporteur on the right to health within the UN human rights system have contributed to the process of gaining the greater clarity about the right to health. It is obvious that achieving the highest attainable level of health depends on the principle of progressive implementation and the availability of the necessary health resources. The possibility individual complaints to be considered by the Committee on Economic Social and Cultural Rights was introduced with the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, entered into force in 2013.

The Office of the United Nations High Commissioner for Human Rights

2018 ◽  
Author(s):  
Gillian MacNaughton ◽  
Mariah McGill
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Right To Health ◽  
Social Rights ◽  
Limited Capacity ◽  
United Nations High Commissioner ◽  
Leading Role ◽  
High Commissioner ◽  
The United Nations ◽  
The Right

For over two decades, the Office of the UN High Commissioner for Human Rights (OHCHR) has taken a leading role in promoting human rights globally by building the capacity of people to claim their rights and governments to fulfill their obligations. This chapter examines the extent to which the right to health has evolved in the work of the OHCHR since 1994, drawing on archival records of OHCHR publications and initiatives, as well as interviews with OHCHR staff and external experts on the right to health. Analyzing this history, the chapter then points to factors that have facilitated or inhibited the mainstreaming of the right to health within the OHCHR, including (1) an increasing acceptance of economic and social rights as real human rights, (2) right-to-health champions among the leadership, (3) limited capacity and resources, and (4) challenges in moving beyond conceptualization to implementation of the right to health.

The Origins of Human Rights in Global Health

2018 ◽  
Author(s):  
Lawrence O. Gostin ◽  
Benjamin Mason Meier
Keyword(s):  
Public Health ◽  
Human Rights ◽  
World War Ii ◽  
Global Health ◽  
International Law ◽  
Right To Health ◽  
Right To Health Care ◽  
Global Standards ◽  
The Right

This chapter introduces the foundational importance of human rights for global health, providing a theoretical basis for the edited volume by laying out the role of human rights under international law as a normative basis for public health. By addressing public health harms as human rights violations, international law has offered global standards by which to frame government responsibilities and evaluate health practices, providing legal accountability in global health policy. The authors trace the historical foundations for understanding the development of human rights and the role of human rights in protecting and promoting health since the end of World War II and the birth of the United Nations. Examining the development of human rights under international law, the authors introduce the right to health as an encompassing right to health care and underlying determinants of health, exploring this right alongside other “health-related human rights.”

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