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9 - Conclusion

To Interfere or Not to Interfere? The Court’s Dilemma1

from Part III - What Role for Courts?

Published online by Cambridge University Press:  21 January 2021

Octávio Luiz Motta Ferraz
Affiliation:
King's College London
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Summary

Can courts play a legitimate and competent role in the adjudication of the right to health? If so, what should this role be? These questions are of course not peculiar to the right to health. They are age-old ones that have been accompanying social and economic rights in general ever since the idea of such rights started to gain traction. The issue is often referred to as the question of social rights justiciability. Social rights are perceived by many to present atypical challenges for courts due to the complexity of the issues that their implementation involves, in particular, the requirement of wide-ranging decision-making on how to collect and allocate societal resources among a myriad of complex social policies.

Type
Chapter
Information
Health as a Human Right
The Politics and Judicialisation of Health in Brazil
, pp. 277 - 306
Publisher: Cambridge University Press
Print publication year: 2020

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  • Conclusion
  • Octávio Luiz Motta Ferraz, King's College London
  • Book: Health as a Human Right
  • Online publication: 21 January 2021
  • Chapter DOI: https://doi.org/10.1017/9781108678605.013
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  • Conclusion
  • Octávio Luiz Motta Ferraz, King's College London
  • Book: Health as a Human Right
  • Online publication: 21 January 2021
  • Chapter DOI: https://doi.org/10.1017/9781108678605.013
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusion
  • Octávio Luiz Motta Ferraz, King's College London
  • Book: Health as a Human Right
  • Online publication: 21 January 2021
  • Chapter DOI: https://doi.org/10.1017/9781108678605.013
Available formats
×