Health as a Human Right - Octávio Luiz Motta Ferraz

Health as a Human Right

The Politics and Judicialisation of Health in Brazil
Buch | Hardcover
320 Seiten
2020
Cambridge University Press (Verlag)
978-1-108-48364-3 (ISBN)
124,70 inkl. MwSt
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.
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.

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.

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.

Erscheinungsdatum
Reihe/Serie Cambridge Studies in Law and Society
Zusatzinfo Worked examples or Exercises; 7 Tables, black and white; 6 Maps; 56 Line drawings, black and white
Verlagsort Cambridge
Sprache englisch
Maße 160 x 235 mm
Gewicht 670 g
Themenwelt Recht / Steuern EU / Internationales Recht
Recht / Steuern Öffentliches Recht Verfassungsrecht
Recht / Steuern Privatrecht / Bürgerliches Recht Medizinrecht
Sozialwissenschaften Politik / Verwaltung
ISBN-10 1-108-48364-X / 110848364X
ISBN-13 978-1-108-48364-3 / 9781108483643
Zustand Neuware
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