Issues in the Justiciability of the Right to Health

Issues in the Justiciability of the Right to Health

The judicialization of health care is increasing dramatically in the last decade worldwide. Although this judicial activism has undoubtedly contributed to guaranteeing the protection of his right, many obstacles remain despite this progress. The objective of this book is to evaluate the different challenges and opportunities that States have in the protection of the Right to Health while maintaining a balanced level of judicial activism. More specifically, it looks to identify in what contexts judicial activism is justified in order to protect the right to health by analysing the dynamics of litigation aas well as its consequences. The books starts by presenting a case in Spain. Jaun Antonio Maldonado shows how conflicts between different institutions might arise as a result of disagreements about the protection of the right to health in contexts of economic crisis. Thus, the Court had to make difficult decisions about how to solve such conflicts. Afterward, an experiencein Slovakia, Central Europe, is presented. Barbara Pavlìkova examines the Slovakian Health system describing its development after the fall of communism and how it is currently being affected by many factors. In a similar vein, Cippitani and Colcelli focus on the fall of communism and how it is currently being affected by many factors. In a similar vein, Cippitani and Colcelli focus on the topics of Social Rights and how they are recognized in the Italian context. And finally, Rodolfo Gutièrrez examines the case of Colombia, scrutinizing how the system, despite expanding its level of coverage, is currently generating a high level of judicialization of health. The concluding chapter carries out a comparative analysis of the cases studied in order to make some recommendations.

  • Cover
  • Title page
  • Copyright page
  • Contents
  • Preface
  • Introduction, Rodolfo Gutiérrez Silva
  • The exclusion of foreigners in an irregular situation from the Right to Health Care in Spain, Juan Antonio Maldonado Molina
  • Justiciability of the Right to Health and the Health System in Slovakia, Barbara Pavlikova
  • Public and Private enforcement of Social Rights, Roberto Cippitani and Valentina Colcelli
  • The Justiciability of the Right to Health Care in Colombia, Rodolfo Gutiérrez Silva
  • General conclusions

Subjects

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