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 examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It includes cases 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.
In this volume:
- Introduction: Can litigation bring justice to health?
Gloppen, Siri and Mindy Jane Roseman
- Litigating health rights: Framing the analysis
- Colombia. Judicial protection of the right to health: An elusive promise?
Yamin, Alicia Ely, Oscar Parra-Vera and Camila Gianella
- Dialogic justice in the enforcement of social rights: Some initial arguments
- Litigating the right to health: Are transnational actors backseat driving?
Roseman, Mindy Jane and Siri Gloppen
- Assessing the impact of health rights litigation: A comparative analysis of Argentina, Brazil, Colombia, Costa Rica, India and South Africa
Mæstad, Ottar, Lise Rakner, Octavio L. Motta Ferraz
- Litigating for medicines: How can we assess impact on health outcomes?
Norheim, Ole Frithjof and Siri Gloppen
- Power, suffering and courts: Reflections on promoting health rights through judicialization
Yamin, Alicia Ely