The last fifteen years have seen a tremendous growth in litigation focused on right-to-health issues, such as access to health services and essential medications. What drives this phenomenon and what is its impact? Does such litigation serve as a tool for holding governments accountable for their commitments toward vulnerable groups whose right to health is at risk, or is it simply a tool for privileged groups to access expensive treatments and an unfair share of health-care spending? Litigating Health Rights is the first comprehensive study to examine whether this trend toward judicialization is positive or negative for the advancement of the right to health and whether it can bring more justice to health care. Featuring case studies from Argentina, Brazil, Colombia, Costa Rica, India, and South Africa, as well as chapters that address cross-cutting themes, this volume assesses the systemic impact of health rights litigation and offers a look at who its real winners and losers are.
Litigating Health Rights : Can Courts Bring More Justice to Health?