Resumo

CARDENAS-CONTRERAS, Luz Eliyer. Health to the way of the Inter-American Court of Human Rights: An exploration of the jurisprudence, until 2021, on purpose article 26 of the American Convention on Human Rights. Díkaion [online]. 2023, vol.32, n.1, e32113.  Epub 18-Maio-2023. ISSN 0120-8942.  https://doi.org/10.5294/dika.2023.32.1.13.

The justiciability of economic, social and cultural rights has been a topic of interest not only in domestic law, but recently also in the Inter-American Court of Human Rights. In this text, the contentious cases in which this Court has addressed the right to health under Article 26 of the American Convention on Human Rights are presented. The cases have been selected based on an exploratory methodology and presented under a correlational study that shows the judicialization of the right to health in the Inter-American Court as an autonomous right based on the discovery of the reasoning of the jurisdiction of the Inter-American Court, the standards around the right to health and the approach to progressivity in the cases under study. Finally, it is concluded that the Court has extended its jurisdiction in order to make the right to health justiciable and, as a result, has endowed the right with content based on legal standards conceived under the understanding that there are obligations of immediate and progressive compliance.

Palavras-chave : Access to health; social rights; inter-american standards; immediate obligations; progressivity principle.