Health as a Human Right: The Politics and Judicialisation of Health in Brazil (Cambridge Studies in Law and Society) - Softcover

Ferraz

Softcover

ISBN 10: 1108729010 ISBN 13: 9781108729017

Publisher: Cambridge University Press, 2025

Synopsis

Does human rights law work? This book engages in this heated debate through a detailed analysis of thirty years of the right to health - perhaps the most complex human right - in Brazil. Are Brazilians better off three decades after the enactment of the right to health in the 1988 Constitution? Has the flurry of litigation experienced in Brazil helped or harmed the majority of the population? This book offers an in-depth analysis of these complex and controversial questions grounded on a wealth of empirical data. The book covers the history of the recognition of health as a human right in the 1988 Constitution through the Sanitary Movement's campaign and the subsequent three decades of what Ferraz calls the politics and judicialization of health. It challenges positions of both optimists and sceptics of human rights law and will be of interest to those looking for a more nuanced analysis.

About this title

About the Author

Octávio Luiz Motta Ferraz is a Reader in Transnational Law at King's College London, where he co-directs the Transnational Law Institute, and a Senior Global Fellow at Fundação Getúlio Vargas in São Paulo. He holds an LLB and MPhil in Law (University of São Paulo), an MA in Medical Ethics and Law (King's College London), where he won the Benjamin Geijsen prize and a PhD in Law (University College London), which he did under a Graduate School Scholarship. Previously he was a senior research officer to the UN Special Rapporteur for the right to health, an Associate Professor at Warwick Law School and practiced law in Sao Paulo, Brazil, mostly in the fields of corporate public law and medical law. He is still a member of the Brazilian Bar and contributes regularly to the Brazilian press. He has worked as a consultant to the World Bank and NGOs on human rights, the rule of law and development issues.

Edition details

• Publisher: Cambridge University Press
• Publication date: 2025
• Language: English
• ISBN 10: 1108729010
• ISBN 13: 9781108729017
• Binding: Paperback
• Number of pages: 362