Issues in the Justiciability of the Right to Health

Descripción

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 theprotection ofthe Right to Health while maintaining a balanced level of judicial activism. More specifically, it looks to identify in what contextsjudicial activism is justified in order to protect the rightto health by analysing the dynamics of litigation aas well as its consequences. Thebooks 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 contextsof 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.