Prerequisite: None

Exam Type: No Exam

Latin America is arguably the region of the world that has experimented most widely with transformative constitutionalism, the idea that courts could be engines of progress toward more egalitarian, inclusive legal infrastructures and social orders. Health outcomes and access to care are acute reflections of patterns of inequality in society; therefore, examining health rights presents opportunities to assess achievements and limitations of catalyzing democratic progress through adjudication. Against backdrops of extreme social inequality in Latin America, with poor responsiveness from executive and legislative branches of government, as well as chronic regulatory failures, people frequently take claims for health care and health-related policy issues to courts. Some apex courts have issued dialogical remedies in efforts to address structural inequalities in health systems and environmental health while still preserving democratic legitimacy. In exploring case studies from countries around the region, students will hear directly from Supreme Court justices engaged in the adjudication of landmark cases.

Note: This reading group will meet on the following dates: TBD.