The Justiciability of the Right to Health in Brazil, Argentina, Mexico, and Colombia

Many people are suffering in Latin America as a result of a lack of access to health services and this has led to an increase in the judicialization process in the last decade. The objective of this paper is to evaluate the challenges raised by the Justiciability of the Right to Health in Mexico, Argentina, Brazil, and Colombia during the last 10 years. By using a qualitative approach with a documentary and comparative research design that combines a review of the existing literature and the use of semi-structured interviews with key stakeholders in the health and judicial sector this paper found that Courts should strengthen the monitoring and evaluation process of judgements in terms of variations of change and growth of principles, values and potential through formal deliberation. At the same time, Courts should be more strategic by adapting itself to the particular context in which they are operating. States should also reduce the high level of corruption in the health sector.