Health as a Human Right

The Politics and Judicialisation of Health in Brazil

Octávio Luiz Motta Ferraz

• Publisher: Cambridge University Press
• Year: 2020
• ISBN:
  9781108636032
• Topic: Politics & International Relations
• Subtopic: Human Rights
• Index: Politics & International Relations

Does human rights law work? This book engages in this heated debate through a detailed analysis of thirty years of the right to health - perhaps the most complex human right - in Brazil. Are Brazilians better off three decades after the enactment of the right to health in the 1988 Constitution? Has the flurry of litigation experienced in Brazil helped or harmed the majority of the population? This book offers an in-depth analysis of these complex and controversial questions grounded on a wealth of empirical data. The book covers the history of the recognition of health as a human right in the 1988 Constitution through the Sanitary Movement's campaign and the subsequent three decades of what Ferraz calls the politics and judicialization of health. It challenges positions of both optimists and sceptics of human rights law and will be of interest to those looking for a more nuanced analysis.

Table of contents

• Cover
• Half-title
• Series information
• Title page
• Copyright information
• Dedication
• Contents
• List of Figures
• List of Maps
• List of Tables
• Preface
• 1 Introduction: Does the Right to Health Matter?
• Part I The Politics of the Right to Health
• Part II The Judicialisation of the Right to Health
• Part III What Role for Courts?
• Bibliography
• Index