INTER-AMERICAN LEGISLATION PROTECTING THE RIGHT TO HEALTH: AN ANALYSIS FROM THE CASES THAT DIRECTLY VIOLATED THE RIGHT TO HEALTH IN THE IDH COURT (2018-2022)

Authors

• Fernanda Freitas Carvalho da Silva
• Rosana Helena Maas

Abstract

The present work intends to identify inter-American legislation concerning the social and human right to health based on the analysis of cases that involved the justiciability of the right to health, directly, after the Case of Poblete Vilches et al. Chile, in 2018, at the Inter-American Court of Human Rights. Therefore, two questions are the target of this study regarding Brazilian convictions: what were the cases judged by the Inter-American Court until 2022 involving the right to health? What was the base inter-American legislation cited in these cases? To accomplish the task, the deductive method is used, as well as the bibliographic and jurisprudential research technique. In the end, it appears that the right to health is protected under article 25, § 1, of the 1948 Universal Declaration of Human Rights; article 11 of the 1948 American Declaration of the Rights and Duties of Man; articles 34, paragraph “i” and “l” and 45, paragraph “h”, of the 1948 Charter of the Organization of American States; articles 10, §3 and 12 of the 1966 Covenant on Economic, Social and Cultural Rights; article 26 of the American Convention on Human Rights of 1969 and article 10 of the Protocol of San Salvador, Additional Protocol to the American Convention on Human Rights in the Matter of Economic, Social and Cultural Rights of 1988. In this way, we have the basic panorama of protection of the right to health by the Inter-American Court of Human Rights.