Caliban Unleashed: What role for strategic litigation in an illiberal era?

Alicia Yamin (2018)

Author: Alicia Ely Yamin What is the role for strategic litigation of social rights, and in particular health rights, in a world where democratic social practices and institutions are loosing ground and where conservative agendas seek to revoke the rights of minorities? In a recent article in “Open Global Rights”, Alicia  Ely Yamin argue that […]

Revisiting Health Rights Litigation and Access to Medications in Costa Rica: Preliminary Evidence from the Cochrane Collaboration Reform

Olman Rodríguez Loaiza, Sigrid Morales, Ole Frithjof Norheim, and Bruce M. Wilson (2018)

Health and Human Rights

Abstract In response to the incremental creation of an expansive constitutional right to health in Costa Rica, the country’s rights-friendly constitutional chamber of the Supreme Court (known as the Sala IV) unleashed a flood of litigation for medications, treatments, and other health care issues. This development was met by widespread criticism from within the health […]

What causes Latin America’s high incidence of adolescent pregnancy?

Authors: Camila Gianella  Marta Rodriguez de Assis Machado  Angélica Peñas Defago Latin America is the only region in the world where adolescent pregnancies are not decreasing. According to a recent article in the Lancet, if the current trend continues, Latin American countries will not fulfill the sustainable development goal on adolescent pregnancy by 2030. This underperformance has […]

Realizing Universal Health Coverage in East Africa: the relevance of human rights

Alicia Ely Yamin and Allan Maleche (2017)

BMC International Health and Human Rights

Applying a robust human rights framework would change thinking and decision-making in efforts to achieve Universal Health Coverage (UHC), and advance efforts to promote women’s, children’s, and adolescents’ health in East Africa, which is a priority under the Sustainable Development Agenda. Nevertheless, there is a gap between global rhetoric of human rights and ongoing health […]

Editorial: Developing a Human Rights-Based Approach to Tuberculosis.

B, Camila Gianella, Brian Citro, Evan Lyon, et. al (2016)

Health and Human Rights Journal vol. 18. No. 1.

This special section of Health and Human Rights Journal focuses much-needed attention on tuberculosis (TB) and human rights—particularly the right to health. Even as TB has surpassed HIV as the top infectious disease killer in the world and the global threat from multidrug-resistant TB (MDR-TB) continues to grow, approaches to fighting the disease remain primarily […]

TB in Vulnerable Populations: The Case of an Indigenous Community in the Peruvian Amazon

A, Camila Gianella, César Ugarte-Gil, Godofredo Caro, et. al (2016)

Health and Human Rights Journal vol. 18. No. 1.

This article analyzes the factors associated with vulnerability of the Ashaninka, the most populous indigenous Peruvian Amazonian people, to tuberculosis (TB). By applying a human rights-based analytical framework that assesses public policy against human rights standards and principles, and by offering a step-by-step framework for a full assessment of compliance, it provides evidence of the […]

Access denied. Abortion rights in Latin America

Camila Gianella-Malca, Siri Gloppen (2014)

Bergen: Chr. Michelsen Institute (CMI Brief vol. 13 no. 1) 4 p.

Millions of Latin American women face serious barriers to their sexual and reproductive rights, and they suffer serious consequences as a result. Latin American countries maintain restrictive abortion laws in spite of social developments like economic growth, democratically elected governments, formal adoption of liberal constitutions and ideologies.

Sexual and reproductive rights – a global legal battlefield

Camila Gianella, Siri Gloppen, Rachel Sieder, Alicia Yamin (2013)

Bergen: Chr. Michelsen Institute (CMI Brief vol. 12 no. 1) 4 p.

Millennium Development Goal number 5 (MDG 5) aims to reduce maternal mortality. In this brief we argue that, in the current global context more rigorous research focusing on the legal battles around women’s sexual and reproductive rights – over who gets to control women’s bodies – is of critical importance if this goal is to […]

Giving Effect to Children’s Right to Health in Colombia? Analysing the Implementation of Court Decisions Ordering Health System Reform

Camila Gianella, Siri Gloppen and Elisabeth Fosse (2013)

in Journal of Human Rights Practice vol. 5 no. 1 pp. 153-176

Despite major developments to provide conceptual clarity to the legal enforcement of economic, social and cultural (ESC) rights, research analysing the processes of implementing court rulings and their actual impact is scarce, and there is a lack of consensus on the impacts of this kind of intervention on public policies, the plaintiffs, society, or on […]

Can litigation clean rivers? Assessing the policy impact of “the Mendoza case” in Argentina

Kristi Staveland-Sæter (2012)

Bergen: Chr. Michelsen Institute (CMI Brief vol. 11 no. 3) 4 p.

The people of the Matanza-Riachuelo river basin in Argentina live in one of the most polluted places on earth. They suffer from severe health problems, and claim it is because of the polluted air, water and soil. After a public interest litigation process, the authorities were sentenced to clean the river in 2008. Almost four […]