Health As a Human Right - The Politics and Judicialisation of Health in Brazil

An in-depth critical analysis of the effects of the right to health in Brazil over the past thirty years.

List of contents

1. Introduction: does the right to health matter?; Part I. The Politics of the Right to Health: 2. Health becomes a right in Brazil; 3. The constitution works; 4. Two Brazils; Part II. The Judicialization of the Right to Health: 5. The judicialization of health in numbers; 6. How the haves come out ahead in health litigation; 7. Islands of rights revolutions?; 8. Unequal justice: what is litigated, why, and who really benefits from health litigation in Brazil?; Part III. Conclusion: What Role for Courts?: 9. To interfere or not to interfere: the court's dilemma; Bibliography; Index.

About the author

Octávio Luiz Motta Ferraz is a Reader in Transnational Law at King's College London, where he co-directs the Transnational Law Institute, and a Senior Global Fellow at Fundação Getúlio Vargas in São Paulo. He holds an LLB and MPhil in Law (University of São Paulo), an MA in Medical Ethics and Law (King's College London), where he won the Benjamin Geijsen prize and a PhD in Law (University College London), which he did under a Graduate School Scholarship. Previously he was a senior research officer to the UN Special Rapporteur for the right to health, an Associate Professor at Warwick Law School and practiced law in Sao Paulo, Brazil, mostly in the fields of corporate public law and medical law. He is still a member of the Brazilian Bar and contributes regularly to the Brazilian press. He has worked as a consultant to the World Bank and NGOs on human rights, the rule of law and development issues.

Summary

This book will appeal to people interested in the effects that recognising health as a human right in law can have on the health conditions of the population. It tells the story of how, against all odds, health became a right in Brazil in 1988 and its effects since then.

Product details

• Authors: Octavio Luiz Motta Ferraz, Octávio Luiz Motta Ferraz, Octavio Luiz Motta (King''s College London Ferraz, Ferraz Octavio Luiz Motta Ferraz
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Hardback
• Released: 30.11.2020
• EAN: 9781108483643
• ISBN: 978-1-108-48364-3
• No. of pages: 320
• Series: Cambridge Studies in Law and S; Cambridge Studies in Law and Society
• Subjects: Humanities, art, music > History > Regional and national histories; Social sciences, law, business > Law > Public law, administrative procedural law, constitutional procedural law; Human Rights, POLITICAL SCIENCE / Human Rights, LAW / Constitutional, LAW / Medical Law & Legislation, POLITICAL SCIENCE / Civil Rights, Civil rights & citizenship, Human rights, civil rights, Medical & healthcare law, Medical and healthcare law, Constitutional & administrative law, Constitutional and administrative law: general