Judicial Protection of the Right to Health in Colombia: From Social Demands to Individual Claims to Public Debates

Hastings Int'l & Comp. L. Rev., 33, 431 (2010)

31 Pages Posted: 30 Mar 2021

See all articles by Alicia Ely Yamin

Alicia Ely Yamin

Harvard University - Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics; Harvard University - Harvard Law School; Partners in Health; Chr. Michelsen Institute (CMI) - Center on Law and Social Transformation

Oscar Parra-Vera

Organization of American States - Inter-American Court of Human Rights

Date Written: 2010

Abstract

Even in a region characterized by a number of countries with robust constitutions and judicial enforcement of social rights, Colombia stands out as a striking example of judicial activism regarding health rights. Better known outside the region for its brutal fifty-year-old civil conflict, it seems startling if not paradoxical that the Colombian Constitutional Court (the Court) has developed some of the most progressive jurisprudence in the world with respect to economic, social and cultural rights. The Colombian context indeed presents many contrasts: a long tradition of creating democratic institutions coexists with authoritarianism and alarming levels of political and social violence, and entrenched poverty persists despite years of strong economic growth.' The extreme social inequality in Colombia is reflected in its health statistics, where national averages mask deep disparities that run along urban versus rural divides, as well as racial, ethnic and class lines.

Suggested Citation

Yamin, Alicia Ely and Parra-Vera, Oscar, Judicial Protection of the Right to Health in Colombia: From Social Demands to Individual Claims to Public Debates (2010). Hastings Int'l & Comp. L. Rev., 33, 431 (2010), Available at SSRN: https://ssrn.com/abstract=3796638

Alicia Ely Yamin (Contact Author)

Harvard University - Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics ( email )

23 Everett Street
Cambridge, MA 02155
United States

Harvard University - Harvard Law School ( email )

1563 Massachusetts Avenue
Cambridge, MA 02138
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Partners in Health ( email )

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Boston, MA 02115
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Chr. Michelsen Institute (CMI) - Center on Law and Social Transformation ( email )

PO Box 6033 Postterminalen
Bergen, NO-5892
Norway

Oscar Parra-Vera

Organization of American States - Inter-American Court of Human Rights ( email )

United States

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