Does the Colombian constitutional court undermine the health system?

Abstract

Is right-to-health litigation a suitable strategy for advancing the right to health, or does it reinforce inequalities and undermine health authorities in their attempts to control costs and set fair priorities? Colombia has the highest number of right-to-health cases in the world. Its experiences illustrate how judicial claims can reflect structural problems of a health system. It also shows how, by exercising oversight and holding governments to their promises and obligations, courts can provide policy makers with evidence to evaluate current policies and to discover structural problems.