The Georgetown University Law Center hosted five justices from Latin American countries for a discussion on their experiences upholding the right to health within their judicial systems Nov. 12.
The panel, organized by the O’Neill Institute, the Law Center’s institute for national and global health law, centered around a discussion on health rights across Latin America and the role that high courts play in establishing health laws for the general population. The event was the first iteration of a new annual series hosted by the Institute titled “Judicial Dialogues on Health and the Law.”
William M. Treanor, dean of Georgetown Law, opened the event by emphasizing the importance that high courts play in the health sector.
“A high court plays a pivotal role in protecting the right to health as a public good by interpreting and holding health as a fundamental human right,” Treanor said at the event. “This includes various dimensions of health, such as prevention and providing healthcare as fundamental rights, thereby impacting the overall well-being of society through judicial rulings that encompass various aspects of health.”
“As we look at the many global health challenges facing us today, it’s clear that health and human rights have never been a more urgent priority,” Treanor added.
Health care is a widespread issue in Latin America, with 62% of respondents in a survey of the region reporting that they have deferred medical care in the past 12 months. This highlights the barriers to healthcare access in the region, including socioeconomic constraints and shortages of medical personnel, which are particularly acute in rural and underserved areas.
Natalia Ángel Cabo, a justice of the Colombian Constitutional Court, said the history of healthcare in the country was reaffirmed in a 2008 landmark case that brought sweeping reforms.
“In a country with such a lack of resources and with big inequalities, people approach the court not to ask for fundamental rights, but socioeconomic rights,” Cabo said. “The landmark T-760 of 2008 ruling illustrated the structural problems of the healthcare system and reaffirmed health as a fundamental right.”
The T-760 ruling of 2008 brought together 22 individual cases surrounding healthcare and resulted in a modification of several health regulations in Colombia, including updates and clarification in health coverage plans. The ruling also ordered stricter supervision of private companies in the healthcare sector.
Amaury Reyes Torres, a justice on the Constitutional Court of the Dominican Republic, said that health issues affect every person in society and therefore need to be protected and respected.
“In the Dominican Republic, the right to health is enshrined in the Constitution and also protected through other rights,” Torres said. “There is a relationship of interdependence with the right to health, the right to life, the right to a healthy environment, the right to dignity and the right to privacy.”
“Every person has a solidarity commitment because we are living in this society, and if you are willing to participate in the society and enjoy the rights of the society, you also have an obligation towards the majority in matters of health,” Torres added.
Karla Andrade Quevedo, a justice who serves on the Constitutional Court of Ecuador, focused on the intersection of environmental rights and health rights in the country, saying that Ecuador’s unique approach considers environmental protection as an integral part of health.
“The Constitution of Ecuador specifically mentions how important nature is for Ecuadorians and for the country,” Quevedo said. “Nature is not an object of protection anymore; it is the subject of protection.”
“The Constitution includes protections for all, including environmental and animal rights, so that we all can live in harmony,” Quevedo added.
Cabo said it is vital that courts use their position to illuminate potential issues in the healthcare system.
“I’m bringing this up in order to show that courts can make contributions to the health system and adjudication of socioeconomic rights,” Cabo said. “I think it is important in order to address and put into the spotlight the problems with the public system.”