Universidad de Buenos Aires, Washington College of Law, American University, Washington, DC, USA.
Health Hum Rights. 2008;10(2):53-65.
This article explores judicial activism in Argentina as it relates to health, as evidenced by courts' willingness to address health issues and to monitor public policies. It examines the strategic use of the courts to channel claims against the government or companies providing health care services both by organizations devoted to litigation in the public interest and by individuals. In addition, the article looks closely at conflicts that have been adjudicated in the courts and various court responses. Special focus is given to the possible effects of certain court decisions on the Argentine health system following its reform during the 1990s, which included transfer and decentralization of functions and services.
本文探讨了阿根廷的司法能动主义与健康之间的关系，具体表现为法院愿意解决健康问题并监督公共政策。本文考察了法院如何战略性地利用诉讼来针对政府或提供医疗服务的公司提出诉求，包括公益诉讼组织和个人。此外，本文还仔细研究了法院裁决的各种冲突和法院的不同回应。特别关注的是，在 20 世纪 90 年代阿根廷卫生系统改革之后，包括职能和服务的转移和分散，某些法院判决对阿根廷卫生系统可能产生的影响。
