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 […]

Litigating the right to health in India: Can litigation fix a health system in crisis?

Namita Wahi (2012)

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

There is a healthcare crisis in India. Health indicators are dismal. 25% of the world’s maternal deaths every year, occur in India. 47% of all children in India are underweight. Health rights litigation has highlighted areas of dire need and provided a discursive space for petitioners and civil society groups to engage with government on […]

Does the Colombian constitutional court undermine the health system?

Camila Gianella (2011)

Bergen: Chr. Michelsen Institute (CMI Brief vol. 10 no. 7) 4 p.

Is right-to-health litigation a suitable strategy for advancing the right to health, or does it reinforce inequalities and undermine health authorities in their attempts to control costs and set fair priorities? Colombia has the highest number of right-to-health cases in the world. Its experiences illustrate how judicial claims can reflect structural problems of a health system. It also shows how, […]

Why hungry Guatemalans don’t claim their food rights in court

Lene Chr. M. Brandt (2011)

Bergen: Chr. Michelsen Institute (CMI Brief vol. 10 no. 13) 4 p.

Guatemala suffers from high levels of undernourishment and malnutrition despite a strong political commitment to the right to food. Yet, there is an absence of food rights litigation. This brief explores why and suggests changes that will have to be made for food litigation to be possible. In many countries, litigation is used as a […]

Judicial independence and human rights in Latin America: Violations, politics and prosecution

Elin Skaar (2011)

New York: Palgrave MacMillan. 297 p.

In many Latin American countries, former military officers are now facing charges of torture, murder, forced disappearance, and genocide committed under the dictatorships of the 1970s and 1980s. Why is this happening now, years after the transition to democracy? And why are courts in some countries leading the way? This comparative analysis, focusing on the […]

Judicial independence and human rights in Latin America: Violations, politics and prosecution

Elin Skaar (2011)

New York: Palgrave MacMillan. 297 p.

In many Latin American countries, former military officers are now facing charges of torture, murder, forced disappearance, and genocide committed under the dictatorships of the 1970s and 1980s. Why is this happening now, years after the transition to democracy? And why are courts in some countries leading the way? This comparative analysis, focusing on the […]

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 […]