Judicialization 2.0: Understanding right-to-health litigation in real time

João Biehl, Mariana P. Socal, Varun Gauri, Debora Diniz, Marcelo Medeiros, Gabriela Rondon, Joseph J. Amon
2018 Global Public Health  
J. Judicialization 2.0 © World Bank, published in the Global Public Health14(2) 2018-05-21 CC BY-NC-ND 3.0 IGO http://creativecommons.org/licenses/by-nc-nd/3.0/igo http:// dx. Abstract Over the past two decades, debate over the whys, the hows, and the effects of the ever-expanding phenomenon of right-to-health litigation ('judicialization') throughout Latin America have been marked by polarized arguments and limited information. In contrast to claims of judicialization as a positive or negative
more » ... trend, less attention has been paid to ways to better understand the phenomenon in real time. In this article, we propose a new approach-Judicialization 2.0-that recognizes judicialization as an integral part of democratic life. This approach seeks to expand access to information about litigation on access to medicines (and health care generally) in order to better characterize the complexity of the phenomenon and thus inform new research and more robust public discussions. Drawing from our multi-disciplinary perspectives and field experiences in highly judicialized contexts, we thus describe a new multi-source, multistakeholder mixed-method approach designed to capture the patterns and heterogeneity of judicialization and understand its medical and socio-political impact in real time, along with its counterfactuals. By facilitating real time data availability and open access, we can drive advancements towards transparent and participatory priority setting, as well as accountability mechanisms that promote quality universal health coverage.
doi:10.1080/17441692.2018.1474483 pmid:29781395 fatcat:2eyv7owexbdkjhhsigjm6ebjri