LA CONSTITUCIONALIZACIÓN DEL DERECHO HUMANO A LA SALUD EN LATINOAMÉRICA

Abstract

In Latin America, the states have been obliged through their legal systems to guarantee, promote and protect the right to health, even the majority include it in their Magna Cartas. This study proposes an analysis of the situation of various Latin American countries that have positivized the right to health in their internal regulations, in addition to containing mechanisms to take legal action in order to defend the right. The case of Mexico, Guatemala, Brazil, Argentina and Costa Rica is analyzed. In these countries, the instances responsible for the provision of health services constantly disrespect people's rights, which has led to an increase in the use of judicial tools to assert their rights, due to the inefficiency of administrative channels. Having to even reach the Inter-American Court of Human Rights itself in an attempt to protect their right to health. Health systems need to seek to establish mechanisms that detect human rights violations and take corrective action.