The Debatable Role of Courts in Brazil's Health Care System: Does Litigation Harm or Help?

2013 ◽  
Vol 41 (1) ◽  
pp. 124-137 ◽  
Author(s):  
Mariana Mota Prado
Keyword(s):  
Health Care ◽  
Health Services ◽  
Right To Health ◽  
Equal Access ◽  
Social Rights ◽  
Clean Water ◽  
Economic Policies ◽  
State Obligations ◽  
The Right

The 1988 Brazilian Constitution establishes a right to health in two of its provisions. The first provision provides a relatively long list of social rights, which includes not only the right to health, but also the right to the determinants of health such as education, food, employment, and shelter (Art. 6). The second provision (Art. 196) recognizes the two components of the right to health, namely: (i) factors that are likely to affect a person’s health, such as access to clean water, sanitation and nutrition; and (ii) medical care or health services. This second provision establishes that the right to health “shall be guaranteed by means of social and economic policies aimed at reducing the risk of illness and other hazards and by the universal and equal access to actions and services for its promotion, protection and recovery.” It also enumerates state obligations, the first and most important one being the duty of the Brazilian state to guarantee the right to health to every citizen.

scholarly journals A complexa efetivação do direito à atenção básica em saúde no Brasil: paradoxos teóricos e normativos

2020 ◽  
pp. 39-50
Author(s):  
Giovana Knorst Chaves ◽  
Lais Dockorn Nunes Pereira ◽  
Janaína Machado Sturza
Keyword(s):  
Health Care ◽  
Common Good ◽  
Right To Health ◽  
Equal Access ◽  
Economic Policies ◽  
Ministry Of Health ◽  
Basic Health ◽  
Federal Constitution ◽  
Risk Of Disease ◽  
The Right

El derecho a la salud en Brasil, como señala nuestra Constitución federal de 1988, es un derecho de todos y un deber del Estado, garantizado a través de políticas sociales y económicas destinadas a reducir el riesgo de enfermedades y otras enfermedades y proporcionar acceso universal e igualitario a acciones y servicios para su promoción, protección y recuperación. Esta investigación tiene como objetivo analizar la realización del derecho a la salud a través del acceso al derecho a la atención básica de salud, especialmente políticas públicas articuladas y promovidas por el Ministerio de Salud. A cabo bajo la perspectiva reflexiva de las teorías de la Ley Fraterna y la Ley de Vida, para demostrar que el derecho a la salud es un bien común para todos, en este escenario, la necesaria realización de tal derecho bajo la protección de la fraternidad en el sentido jurídico-social.   The right to health in Brazil, as our 1988 Federal Constitution points out, is a right of all and a duty of the State, guaranteed through social and economic policies aimed at reducing the risk of disease and other harms and universal and equal access to actions and services for their promotion, protection and recovery. This research aims to analyze the effectiveness of the right to health through access to the right to basic health care, especially public policies articulated and promoted by the Ministry of Health. This study will be conducted from the reflective perspective of the theories of Fraternal Law and Living Law, to demonstrate that the right to health is a common good for all, in this scenario, the necessary realization of such a right under the protection of the fraternity in the juridical-social sense.

s.Two Implementation and Accountability, 8 Justiciability of Human Rights for Health

2020 ◽  
Author(s):  
Flood Colleen M ◽  
Thomas Bryan
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Right To Health ◽  
Health And Human Rights ◽  
Proper Role ◽  
Health Related ◽  
State Obligations ◽  
The Right ◽  
The Impact

This chapter examines both the power and limitations of litigation as a means of facilitating accountability for the advancement of public health. While almost half of the world’s constitutions now contain a justiciable right to health, the impact of litigation has been mixed. Judicial accountability has, in some cases, advanced state obligations to realize the highest attainable standard of health, but in other cases, litigation has threatened the solidarity undergirding public health systems. There is significant country-to-country variation in interpreting health-related human rights, as well as differing views of the proper role of courts in interpreting and enforcing these rights. Surveying regional human rights systems and national judicial efforts to address health and human rights, it is necessary to analyze how courts have approached—and how they should approach—litigation of the right to health and health-related human rights to improve health for all.

Health Services

2018 ◽  
Author(s):  
Kenneth A. Reinert
Keyword(s):  
Health Services ◽  
Child Survival ◽  
Well Being ◽  
Right To Health ◽  
Essential Medicines ◽  
Poor People ◽  
Human Needs ◽  
United Nations System ◽  
The Right

This chapter considers health services as a basic good that satisfy critical basic human needs for maintaining minimal levels of well-being. It considers the widespread nature of health services deprivation and the consequent negative health impacts. The chapter examines the subsistence right to health services and the role of this right within the United Nations system of human rights. It doing so, it makes a distinction between the right to health services and the right to health itself, favoring the former. It also examines the leading causes of death, child survival, the provision of health services to poor people, essential medicines, medical brain drain, antimicrobial resistance, and pandemics.

scholarly journals The right to medical care and its economic consequences: an American dilemma

1972 ◽  
Vol 6 (4) ◽  
pp. 317-327
Author(s):  
José Duarte de Araújo
Keyword(s):  
United States ◽  
Health Care ◽  
United States Of America ◽  
The United States ◽  
Right To Health ◽  
Economic Consequences ◽  
Right To Health Care ◽  
Modern Times ◽  
The Right

The concepts of "rights" and of "right to health care" including its evolution in modern times are discussed. The consequences of implementing this right are discussed in economic terms, regarding the situation in the United States of America. A discussion is also included on the limitations of the role of Health Insurance as a measure to solve the problem of providing health care for all individuals.

scholarly journals Article 24: The Right to Health

2022 ◽  
pp. 205-216
Author(s):  
Christian Whalen
Keyword(s):  
Health Care ◽  
Health Services ◽  
Preventive Health Care ◽  
Right To Health ◽  
Access To Health Services ◽  
Access To Health ◽  
Post Natal Care ◽  
The Right ◽  
Minimum Criteria ◽  
Basic Minimum

AbstractArticle 24 reflects the perspective of the drafters that the right to health cannot be understood in narrow bio-medical terms or limited to the delivery of health services. Rather, in its reference, for example, to food, water, sanitation, and environmental dangers, it recognises the wider social and economic factors that influence and impact on the child’s state of health. Thus, the text of Article 24 sets out: a broad right to health for all children combined with a right of access to health services a priority focus on measures to address infant and child mortality, the provision of primary health care, nutritious food and clean drinking water, pre-natal and post-natal care, and preventive health care, including family planning the need for effective measures to abolish traditional practices harmful to children’s health a specific obligation on States Parties to cooperate internationally towards the realisation of the child’s right to health everywhere, having particular regard to the needs of developing countries. The right to health is a prime example of the interelatedness of child rights as it is contingent upon and informed by the realization of so many other rights guaranteed to children under the convention. This chapter analyses the child’s right to health in relation to four essential attributes. The first attribute of the child’s right to the highest attainable standard of health emphasizes what an exacting standard this human rights norm contains. Taking a social determinants of health perspective the right entails not just access to health services but programmatic supports in sanitation, transportation, education and other fields to guarantee the enjoyment of health. The second attribute focuses on the Basic minimum criteria of the right to health as reflected in Article 24(2). A third attribute is the insistence upon child health accountability mechanisms using the Availability, Accessibility, Acceptability and Quality Accountability Framework. Finally, given the wide discrepancies in enjoyment of children’s right to health across the globe, a fourth attribute focuses upon international cooperation to ensure equal access to the right to health.

Health Care as Citizenship Development: Examining Social Rights and Entitlement

2002 ◽  
Vol 35 (1) ◽  
pp. 103-125 ◽  
Author(s):  
Candace Johnson Redden
Keyword(s):  
Health Care ◽  
Right To Health ◽  
Legal Rights ◽  
The Political ◽  
Social Rights ◽  
Political Debate ◽  
Liberal Democracies ◽  
Right To Health Care ◽  
Citizenship Development ◽  
The Right

The political importance of rights in liberal democracies, and of universally accessible health care in Canada, are trite observations. However, the increasing use of the language of rights to defend existing patterns of health care in Canada is a curious if not alarming phenomenon. What do citizens mean when they say that they have the right to health care? How can health care rights be defined philosophically and politically? This article examines the increasing popularity of rights claiming for health care, and argues that the ''right to health care'' has a non-possessive, normative nature that is at odds with legalistic individualistic rights claiming. This is a significant philosophical finding, one that informs the political debate over health care by revealing that legal rights claims are not sufficient to defend social entitlements. The conceptual project undertaken in this article illuminates directions of reform and suggests that differentiated citizenship provides a better model than legal rights to guide reform efforts.

The Right to Health in National and International Jurisprudence

1998 ◽  
Vol 5 (4) ◽  
pp. 389-408 ◽  
Author(s):  
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Access To Health Care ◽  
Case Law ◽  
Right To Health ◽  
Equal Access ◽  
International Human Rights Law ◽  
Human Right ◽  
Human Needs ◽  
The Right

AbstractThe right to the highest attainable level of health or, briefly, the right to health is a fundamental human right, solidly embedded in international human rights law. As with other human rights, this right creates corresponding obligations for States which they are due to respect, protect and fulfil.The right to health embodies both positive and negative contents rights, ranging from the right to adequate protection of health to the right to equal access to health care. In addition, the right to health obliges States to create conditions favourable to the achievement and maintenance of the highest attainable level of health.This article describes and analyses national and international case law with respect to these three components of the right to health in an effort to delineate the general contours of this right. It is argued that courts and other (quasi-)judicial bodies more or less explicitly acknowledge that States are required to ensure a minimum level of health protection, (equal access to) essential health care and satisfaction of basic human needs. From the existing body of case law touching on the right to health it remains, however, difficult to conclude how courts define the minimum core content of the right to health, let alone to gain further insights into the normative meaning of this right.

The Influence of the Rulings of the Constitutional Court on the Development of Health Law in Lithuania

2007 ◽  
Vol 14 (4) ◽  
pp. 321-333
Author(s):  
Toma Birmontienė
Keyword(s):  
Health Care ◽  
Legal Regulation ◽  
Right To Health ◽  
Social Rights ◽  
Constitutional Court ◽  
Health Law ◽  
Right To Health Care ◽  
Recent Developments ◽  
The Right ◽  
The Impact

AbstractThis article highlights some recent developments in the constitutional doctrine of the right to health care in Lithuania, and more in particular the impact of the decisions of the Constitutional Court of Lithuania on the development of health law. The right to health care, enshrined in the Constitution, is both an obligation of the state and an individual right. The Constitutional Court has developed a doctrine of the right to health care, as well a doctrine of certain other constitutional social rights, which is based on the understanding of the close interrelation between the different constitutional rights, the principle of indivisibility and equal importance of these rights, and the presumption of justiciability of social rights. The analysis is based on the jurisprudence of the Constitutional Court. Two cases on the disputes of the legal regulation concerning the pharmaceutical activities are presented in more detail.

Is the Equity of Access to Healthcare a European Constitutional Standard? A Comparative Review

2017 ◽  
Vol 24 (4) ◽  
pp. 445-462
Author(s):  
Dawid Sześciło
Keyword(s):  
Health Services ◽  
Right To Health ◽  
Access To Healthcare ◽  
Special Focus ◽  
Healthcare It ◽  
Comparative Review ◽  
Accessibility Of Health Services ◽  
The Right ◽  
Equity Of Access

Abstract A welfare state crisis resulting from austerity policies creates risks to healthcare systems throughout Europe. It escalates the pressure to reduce State responsibilities and weakens the guarantees of accessibility and quality of health services. One of the most effective barriers to this tendency might be a strong constitutional standard of the right to health. This article reviews the constitutional acts of 28 European Union Member States in order to explore the scope of protection of the right to health, with a special focus on the various aspects of equity of access to healthcare. It also shows the absence of a universal European standard of the constitutional regulation of this matter, and describe major differences relating to formulation, level of protection guaranteed, and the material scope of regulation. In conclusion, a hypothesis is proposed on the potential role of constitutional guarantees in preventing the deterioration of accessibility of health services.

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