Litigating health rights. Can courts bring more justice to health?

Alicia Ely Yamin and Siri Gloppen, eds. (2011)

Cambridge, Mass.: Harvard Univ. Press (Human Rights Program Series. Harvard Law School) 435 p.

The last fifteen years have seen a tremendous growth in the number of health rights cases focusing on issues such as access to health services and essential medications. This volume examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It includes cases studies […]

Health Right Litigation: Can courts bring more justice to health

Alicia Ely Yamin and Siri Gloppen (eds) (2011)

Cambridge, Mass.: Harvard Univ. Press (Human Rights Program Series. Harvard Law School) 435 p.

The last fifteen years have seen a tremendous growth in the number of health rights cases focusing on issues such as access to health services and essential medications. This volume examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It includes cases studies […]

How does litigation affect health financing?

Ottar Mæstad, Octavio Ferraz, Alicia Ely Yamin, Ole Frithjof Norheim, Siri Gloppen (2010)

WHO (Technical Brief Series no. Brief No 15) 2 p.

In the last fifteen years, judicial claims to secure health services as a matter of right have become an important phenomenon in a number of countries including South Africa, India, Brazil, Colombia, Argentina, and Costa Rica. Little systematic empirical information is available with respect to the impact on health financing of such litigation. However, a […]

Legal enforcement of social rights: Enabling conditions and impact assessment

Siri Gloppen (2010)

in Erasmus Law Review vol. 2 no. 4 pp. 465-480

This article commends the concise and useful analysis of courts and the legal enforcement of economic, social and cultural rights given in Christian Courtis’ book, Courts and the Legal Enforcement of Economic, Social and Cultural Rights: Comparative Experiences of Justiciability. Yet, in order to complete the picture, a broader analysis of the enabling conditions for […]

Courts and power in Latin America and Africa

Siri Gloppen, Bruce M. Wilson, Roberto Gargarella, Elin Skaar, and Morten Kinander (2010)

New York: Palgrave Macmillan 231 p.

Why do courts hold political power-holders accountable in some democratic and democratizing countries, but not in others?  And, why do some courts remain very timid while others—under seemingly similar circumstances—become “hyper-active”? These are questions of central theoretical and practical importance in a context of increasing juridification of politics in many parts of the world, combined […]

Courts & Power in Latin America & Africa

Siri Gloppen, Bruce M. Wilson, Roberto Gargarella, Elin Skaar, and Morten Kinander (2010)

New York: Palgrave Macmillan 231 p.

Why do courts hold political power-holders accountable in some democratic and democratizing countries, but not in others?  And, why do some courts remain very timid while others—under seemingly similar circumstances—become “hyper-active”? These are questions of central theoretical and practical importance in a context of increasing juridification of politics in many parts of the world, combined […]

Litigation as a Strategy to hold Governments Accountable for Implementing the Right to Health

Siri Gloppen (2008)

in Health and Human Rights vol. 10 no. 2 pp.21-36

This article offers a framework for exploring litigation as a strategy to advance the right to health by holding governments accountable to human rights norms. Since the 1990s, cases in which people go to court to claim their right to health have increased dramatically in resource-poor countries. With issues ranging from access to health services […]

Courts & Social Transformation

Roberto Gargarella, Pilar Domingo and Theunis Roux, editors (2006)

Aldershot/Burlington: Ashgate 311 p

Using case studies drawn from Latin America, Africa, India and Eastern Europe, this volume examines the role of courts as a channel for social transformation for excluded sectors of society in contemporary democracies. With a focus on social rightsd litigation in post-authoriatarian regimes or in the context of fragile state control, the contributors assess the […]

National Integration and the Dynamics of Coalition and Federalism in India

Kavita Navlani (2006)

The Indian Journal of Political Science, vol. 67, no. 1 (Jan. - Mar., 2006), pp. 119-132

There is a broad consensus in social science today, which is indicating a paradigmatic shift in the theorizationof such concepts as ‘nation, nationalism, culture, identity and national integration’. It is unjust and inappropriate to view such concepts as nation, nationalism, culture, identity and national integration etc. without a due consideration to the multiple identity components […]

Democratization & the Judiciary: Accountability Function of Courts

Siri Gloppen, Roberto Gargarella and Elin Skaar (eds.) (2004)

London: Frank Cass 210 p.

This volume examines the political role of courts in new democracies in Latin America and Africa. Are the courts able to hold political power-holders accountable when they act outside of their constitutionally defined powers? Given the hyper-presidential nature of these regimes, particular focus is on the ability of the courts to say “no” to the […]