Can The Courts Enforce Access To Health?

Main Category: Public Health
Also Included In: Litigation / Medical Malpractice
Article Date: 18 Feb 2009 - 0:00 PDT

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In this week's PLoS Medicine, Alicia Ely Yamin and Oscar Parra-Vera discuss a recent case in Colombia, where a recent constitutional court decision demonstrates the involvement of the court in protecting fundamental rights to health.

A July 2008 decision by the court ordered a dramatic restructuring of the country's health system to broaden access to health care, brought on by an enormous amount of litigation related to the tens of thousands of human rights cases going before the court each year.

"The Colombian example," say the authors, "shows that increased access to courts may under certain circumstances enhance the protection of the right to health, as well as potentially promote equity and transparency in coverage definitions and greater accountability within the health system itself."

Citation:
" How do courts set health policy? The case of the Colombian Constitutional Court."
Yamin AE, Parra-Vera O (2009)
PLoS Med 6(2): e1000032.
doi:10.1371/journal.pmed.1000032
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