Access to justice in health matters: An analysis based on the monitoring mechanisms of the Inter-American system

Abstract

This article analyzes how states are complying with their periodic reporting obligations under the Protocol of San Salvador (PSS) in one specific area: access to justice as a key component of the right to health. The sources of information for this analysis are seven reports submitted by the States parties, together with the observations and final recommendations made by the experts of the monitoring mechanism of the PSS. The reports are based on progress indicators, a group of indicators that the states must use to measure progress in compliance with its rights obligations. This system of indicators presents the cross-cutting category “access to justice,” which allows the identification of each branch of government’s involvement in the design of a health system and the guarantees of judicial protection of the right to health. The analysis focuses on the articulation of the empirical evidence presented by the States in the context of protection and fulfillment of the right to health, identifying progress made or limitations faced in the compliance with state responsibilities. The main findings reveal the weakness of the current mechanisms of access to justice in health and the reticence of the judiciary to take an active role towards accountability.