Abstract

QUINCHE-RAMIREZ, Manuel Fernando  and  RIVERA-RUGELES, Juan Camilo. Human rights public policies judicial oversight as instrument of inclusion. Vniversitas [online]. 2010, n.121, pp.113-137. ISSN 0041-9060.

Human rights provide, at a time, objectives and margins of action that should be taken into account by public policy. However, the latter often fail to incorporate the first, either by neglect, lack of capacity or even the intransigence of policy-makers. In this context we believe that judicial review can be a useful tool to require that the process of formulating, implementing and evaluating public policies take into account the human rights obligations. Specifically, we will try to show that in certain circumstances the so-called structural reform remedies can serve the achievement of this target, because they can promote deeper reforms in poor government policies (that ignore human rights) while establishing valuable oversight mechanisms to promote reforms ordered by the judges are adopted and implemented.

Keywords : public policies; judicial review; human rights; Constitutional Court; structural injunction; right to health.

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