Book contents
- Health As a Human Right
- Cambridge Studies in Law and Society
- Health As a Human Right
- Copyright page
- Dedication
- Contents
- Figures
- Map
- Tables
- Preface
- 1 Introduction
- Part I The Politics of the Right to Health
- 2 Health Becomes a Right in Brazil
- 3 The Constitution Works
- 4 Two Brazils
- Part II The Judicialisation of the Right to Health
- Part III What Role for Courts?
- Bibliography
- Index
- Series page
2 - Health Becomes a Right in Brazil
from Part I - The Politics of the Right to Health
Published online by Cambridge University Press: 21 January 2021
- Health As a Human Right
- Cambridge Studies in Law and Society
- Health As a Human Right
- Copyright page
- Dedication
- Contents
- Figures
- Map
- Tables
- Preface
- 1 Introduction
- Part I The Politics of the Right to Health
- 2 Health Becomes a Right in Brazil
- 3 The Constitution Works
- 4 Two Brazils
- Part II The Judicialisation of the Right to Health
- Part III What Role for Courts?
- Bibliography
- Index
- Series page
Summary
The inclusion of health as a fundamental right in the Brazilian 1988 Constitution was not the work of human rights lawyers and judges. Nor was it a mere transplantation of Article 12 of the UN International Covenant on Economic, Social and Cultural Rights or other international norms, as may perhaps be assumed by those unfamiliar with the Brazilian context. It was the upshot of a long, intense and well-organised political movement, composed mostly of public health experts from both academia and practice (the ‘Sanitary Movement’, as I refer to it in this book).1 With the support of some trade unions, politicians from several parties and a part of civil society, its collectivist conception of health as a public good (saúde coletiva) managed to overcome fierce opposition and become entrenched in the 1988 Constitution as a fundamental right.
- Type
- Chapter
- Information
- Health as a Human RightThe Politics and Judicialisation of Health in Brazil, pp. 25 - 49Publisher: Cambridge University PressPrint publication year: 2020