Editorial: Promoting Equity in Health: What Role for Courts? Special Issue on Health Rights Litigation

This entry was posted in Equity, Human rights by Editor Equity/Equidad - CG.

Health and Human Rights Journal, Volume 16, Issue 2, 2014, December 2014, (in press)

*Health and Human Rights Journal papers referred to in this editorial will be published in the December 2014 issue. Some of these papers will be published in advance as “papers in press.” These early publication papers will be linked directly from the editorial.

 Alicia Ely Yamin, JD MPH, Guest Editor
“I am particularly delighted to introduce this special issue on health rights litigation on the 20th anniversary of the launch of Health and Human Rights.  The last 20 years have witnessed an extraordinary growth and evolution in the “health and human rights movement,” and this journal, which has also evolved, has often played an important role by providing a forum for robust interchange of ideas among practitioners, scholars, and activists in both the public health and human rights communities. One of the most significant transformations to occur in the landscape of struggles for health justice since this journal was originally launched relates to the increasing judicialization of health-related rights, and economic, social, and cultural rights (ESC rights) more broadly. Indeed, the articles in this issue go far toward debunking outdated conceptions about health rights as merely “programmatic rights,” which are not justiciable. Over the last 20 years, and increasingly in the last decade, we have seen that health and related rights are in fact being enforced by courts around the world, from South America to South Asia, Eastern Europe to East Africa. And increasingly, even in low-income countries, important demands for health-related entitlements are being framed in terms of legally enforceable claims…” keep reading/siga con la lectura del editorial

Selected Articles

Sanitation Rights, Public Law Litigation, and Inequality: A Case Study from Brazil
Ana Paula de Barcellos

Health Rights in the Balance: The Case Against Perinatal Shackling of Women Behind Bars
Brett Dignam  and Eli Y. Adashi

Litigating the Right to Health: What Can We Learn from a Comparative Law and Health Care Systems Approach
Colleen M. Flood and Aeyal Gross

Striking a Balance: Conscientious Objection and Reproductive Health Care from the Colombian Perspective
Luisa Cabal, Monica Arango Olaya, and Valentina Montoya Robledo

Health Rights Litigation and Access to Medicines: Priority Classification of Successful Cases from Costa Rica’s Constitutional Chamber of the Supreme Court
Ole Frithjof Norheim and Bruce M. Wilson

For further information please/Para informaciones adicionales: click here.


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