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Centre for International Health

Right to health through litigation? Can court enforced health rights improve health policy?

The project investigates whether litigation can make health policies and -systems in poor countries more equitable by forcing policy-makers and administrators to take seriously their human rights obligations.

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Funding: RCN
Coordinator: Siri Gloppen, Christian Michelsens Institute
Duration:  2008-2012
Project page at RCN

 

Project website (CMI)

Focus areas
The project investigates whether litigation can make health policies and -systems in poor countries more equitable by forcing policy-makers and administrators to take seriously their human rights obligations. The project addresses three sets of questions:

  • How does litigation on health rights affect health policy and -spending in low- and middle-income countries? Does it lead to more or less fairness in treatment of various groups of patients?
  • What drives the “litigation wave”? How does international human rights norms enter into domestic litigation in these cases?
  • How do courts negotiate this technically complex and often politically sensitive terrain?