An article in Hastings International and Comparative Law Review describes the use of the law for advancing health and human rights in Colombia. According to the authors, Colombia stands out as a striking example of judicial activism regarding health rights. They state that the Colombian Constitutional Court has developed some of the most progressive jurisprudence in the world with respect to economic, social and cultural rights. According to a report by the Human Rights Ombuds Office of Colombia, some 675,000 actions for protection of constitutional rights were filed before the courts in relation to health issues between 1999 and 2008. In response, the Court issued a decision in July 2008, aimed at improving the equity and oversight of the health system and, in turn, stemming the tide of litigation. The authors write: "In that T-760/08 judgment, the Court examined systemic failures in the regulation of the health system, re-asserted the justiciability of the right to health, and called for significant restructuring of the health system based on rights principles." After describing how the government has responded to the T-760/08 judgment thus far, including the issuance of a declaration of emergency with respect to the health system, the authors offer some preliminary reflections on the potential impact of judicial intervention in terms of promoting the right to health in Colombia.
Judicial Protection of the Right to Health in Colombia: From Social Demands to Individual Claims to Public
Debates. Alicia Ely Yamin & Oscar Parra-Vera. In: Hastings International and Comparative Law Review, vol. 33 no. 2 pp. 101-129
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