Abstract - Judicial activism in the Argentine health system: Recent trends

Victor Abramovich and Laura Pautassi

Health and Human Rights 10/2

Published December 2008

Abstract

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.