Department of Comparative Politics, University of Bergen, Norway.
Health Hum Rights. 2008;10(2):21-36.
This article offers a framework for exploring litigation as a strategy to advance the right to health by holding governments accountable to human rights norms. Since the 1990s, cases in which people go to court to claim their right to health have increased dramatically in resource-poor countries. With issues ranging from access to health services and medication, to discriminatory labor practices, to public health, to the basic determinants of health (such as food, water, shelter, and a healthy environment), these cases potentially have huge financial and social implications. Little is known, however, about the success of such attempts to hold governments accountable for their obligations with respect to the right to health--or about who benefits. Is litigation primarily used by marginalized persons to gain fair access to medical services, or is it more often a means by which those patients with more financial resources or creativity in seeking assistance pursue access to treatment that is not otherwise provided due to expense? To what extent does litigation affect health policy and service delivery? What little is known about these cases is fragmented and anecdotal The theoretical framework outlined here facilitates the systematic comparative and interdisciplinary studies needed to advance knowledge in this field, taking account of the entire litigation and implementation process.
本文提供了一个框架，探讨通过让政府对人权规范负责来将诉讼作为促进健康权的一种策略。自 20 世纪 90 年代以来，在资源匮乏的国家中，人们诉诸法院要求享有健康权的案件急剧增加。这些案件涉及的问题从获得卫生服务和药物的机会，到歧视性劳动做法，到公共卫生，再到健康的基本决定因素（如食物、水、住所和健康环境），都可能产生巨大的财务和社会影响。然而，对于此类试图让政府对其在健康权方面的义务负责的尝试的成功程度，或者谁从中受益，人们知之甚少。诉讼主要是被边缘化的人用来公平获得医疗服务的手段，还是那些在寻求援助方面更具财力或创造力的患者更常用来获得因费用而无法提供的治疗的手段？诉讼在多大程度上影响卫生政策和服务提供？关于这些案件，我们所了解的情况很少，而且是零散的和传闻的。这里概述的理论框架有助于对这一领域的知识进行系统的比较和跨学科研究，同时考虑到整个诉讼和执行过程。
