What is it about?
Health rights litigation reached exhaustion as a strategic instrument for enforcing the right to health in public-private health care systems. The effective enforcement of the right to health depends to a large extent on building good health care systems that prioritize equity, which interestingly several countries have shown it is independent of health as a right expressly stated in legal documents. In other words, it is apparent that health as a right experienced by all stems more from a state of cultural and civilizing progress in the country than from introducing a legal norm into the legislation or the Federal Constitution. The article defends that it is essential to establish a new set of research and discussions related to Global Health and Economic Law to advance the enforcement of the Right to Health. It is about prioritizing and systematizing the legal-regulatory knowledge of health markets and public-private partnerships, with a view to identifying and understanding the best instruments for promoting equity and enforcing health as a right in the different health care systems worldwide while considering the political and economic strengths of Global Health. This new approach allows for the development and expansion of ethical-normative field of private health sector regulation.
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Why is it important?
The article points to a new direction to ensure the protection of the right to health in public-private health care systems. Economic Law, within the scope of Global Health Law, allows to expand the legal-regulatory knowledge of markets and health-oriented public-private partnerships, define goals and specific objectives, and elaborate policies and institutional designs based on successful experiences of human rights enforcement. This calls for adding a new focus to the agenda of Global Health and Right to Health.
Perspectives
I hope this article encourages researchers to explore new ways to protect the Right to Health. Public-private health care systems prevail in almost every country on the globe and its regulation is a big challenge for most of them.
Maria Eugênia Ferraz do Amaral Bodra
Universidade de Sao Paulo Campus da Capital
Read the Original
This page is a summary of: Global Health and Economic Law: Private sector regulation on the global agenda, Revista Brasileira de Política Internacional, January 2022, FapUNIFESP (SciELO),
DOI: 10.1590/0034-7329202200108.
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