The last fifteen years have seen a tremendous growth in the number of health rights cases focusing on issues such as access to health services and essential medications.

This book examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It includes case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia, as well as chapters that address cross-cutting themes.

The authors analyze what types of services and interventions have been the subject of successful litigation and what remedies have been ordered by courts. Different chapters address the systemic impact of health litigation efforts, taking into account who benefits both directly and indirectly-and what the overall impacts on health equity are.

Siri Gloppen is a professor in political science at UiB and senior researcher at CMI.

Alicia Ely Yamin
is a lawyer and political scientist. She is associate senior researcher at CMI and adjunct lecturer at Harvard University.

Publications

Book Chapter | 2011

Assessing the impact of health rights litigation: A comparative analysis of Argentina, Brazil, Colombia, Costa Rica, India and South Africa

Ottar Mæstad, Lise Rakner and Octavio L. Motta Ferraz (2011)
in Alicia Ely Yamin and Siri Gloppen, eds.: Litigating health rights. Can courts bring more justice to health?. Cambridge, Mass.: Harvard Univ. Press pp. 273-303
Book Chapter | 2011

Colombia. Judicial protection of the right to health: An elusive promise?

Alicia Ely Yamin , Oscar Parra-Vera and Camila Gianella (2011)
in Alicia Ely Yamin and Siri Gloppen, eds.: Litigating health rights. Can courts bring more justice to health?. Cambridge, Mass.: Harvard Univ. Press pp. 103-131
Book Chapter | 2011

Dialogic justice in the enforcement of social rights: Some initial arguments

Roberto Gargarella (2011)
in Alicia Ely Yamin and Siri Gloppen, eds.: Litigating health rights. Can courts bring more justice to health?. Cambridge, Mass.: Harvard Univ. Press pp. 232-245
CMI Brief | 2011

Does the Colombian constitutional court undermine the health system?

Is right-to-health litigation a suitable strategy for advancing the right to health, or does it reinforce inequalities and undermine health authorities in their attempts to control costs and set fair priorities? Colombia...
Camila Gianella (2011)
Bergen: Chr. Michelsen Institute (CMI Brief vol. 10 no. 7) 4 p.
Doctoral Thesis | 2011

Health worker motivation and effort in a low-income context. Quantitative and qualitative research from Tanzania

Ida Lindkvist (2011)
Bergen: University of Bergen 184 p.
Journal Article | 2011

How to make rural jobs more attractive to health workers. Findings from a discrete choice experiment in Tanzania

The geographical imbalance of the health workforce in Tanzania represents a serious problem when it comes to delivering crucial health services to a large share of the population. This study...
Julie Riise Kolstad (2011)
in Health Economics vol. 20 no. 2 pp. 196-211
CMI Brief | 2011

Huge potential for improved health service quality

Health workers’ knowledge and skills are much better than their practice suggests. By closing the gap between knowledge and action, the quality of health services will increase substantially.  
Ottar Mæstad, Aziza Mwisongo, Siri Lange (2011)
Bergen: Chr. Michelsen Institute (CMI Brief vol. 10 no. 10) 4 p.
Journal Article | 2011

Informal payments and the quality of health care: Mechanisms revealed by Tanzanian health workers

Informal payments for health services are common in many transitional and developing countries. The aim of this paper is to investigate the nature of informal payments in the health sector...
Ottar Mæstad and Aziza Mwisongo (2011)
in Health Policy vol. 99 no.2 pp. 107-115
Book Chapter | 2011

Introduction: Can litigation bring justice to health?

Siri Gloppen and Mindy Jane Roseman (2011)
in Alicia Ely Yamin and Siri Gloppen, eds.: Litigating health rights. Can courts bring more justice to health?. Cambridge, Mass.: Harvard Univ. Press pp. 1-16
CMI Brief | 2011

Is worker effort higher in church-based than in government health facilities?

A study of diagnostic effort documents low worker effort in both churchbased and government health facilities. Despite a strong perception among patients about good medical quality in church-based health clinics, health workers in...
Ida Lindkvist, Ottar Mæstad (2011)
Bergen: Chr. Michelsen Institute (CMI Brief vol. 10 no. 11) 4 p.
Book Chapter | 2011

Litigating for medicines: How can we assess impact on health outcomes?

Ole Frithjof Norheim and Siri Gloppen (2011)
in Alicia Ely Yamin and Siri Gloppen, eds.: Litigating health rights. Can courts bring more justice to health?. Cambridge, Mass.: Harvard Univ. Press pp. 304-330
Edited Book | 2011

Litigating health rights. Can courts bring more justice to health?

The last fifteen years have seen a tremendous growth in the number of health rights cases focusing on issues such as access to health services and essential medications. This volume...
Alicia Ely Yamin and Siri Gloppen, eds. (2011)
Cambridge, Mass.: Harvard Univ. Press (Human Rights Program Series. Harvard Law School) 435 p.
Book Chapter | 2011

Litigating health rights: Framing the analysis

Siri Gloppen (2011)
in Alicia Ely Yamin and Siri Gloppen, eds.: Litigating health rights. Can courts bring more justice to health?. Cambridge, Mass.: Harvard Univ. Press pp. 17-39
Book Chapter | 2011

Litigating the right to health: Are transnational actors backseat driving?

Mindy Jane Roseman and Siri Gloppen (2011)
in Alicia Ely Yamin and Siri Gloppen, eds.: Litigating health rights. Can courts bring more justice?. Cambridge, Mass.: Harvard Univ. Press pp. 246-272

Project

Litigating the Right to Health

Jan 2008 - Jan 2012