Litigation and the right to health in Argentina

Verónica Gotlieb Natalia Yavich Ernesto Báscolo About the authors

Abstract

This article explores the characteristics of lawsuits for obtaining access to healthcare through the Argentine Supreme Court and reflects on the potential to influence health rights and equity in a context of growing litigation. An analysis of documents from 125 lawsuits with verdicts issued from 1994 to 2013 showed a majority of individual claims (88% of claimants were individual physical persons), and of claimants covered by social security or private insurance (64%) with typical private legal counsel (87% claiming coverage of a medical service). 75% of the verdicts simply ordered the provision of the claimed health services, without highlighting failures in the healthcare system or mandating measures to promote equity and guarantee the right to health for other persons subject to the same situation as the claimant. Thus far, litigation in health has failed to actively promote either health equity, the right to health, or inter-institutional dialogue.

Jurispridence; Right to Health; Equity in Health

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