Access to Medical Treatment for People Living with HIV/AIDS: Success Without Victory in Chile

Contesse, Jorge; Parmo, Domingo Lovera

doi:10.2139/ssrn.2337876

Cited by 3 publications

(3 citation statements)

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“…In addition, it has frequently been argued that this type of positive indirect effect could in many cases be amplified by the media (Contesse and Lovera Parmo 2008, 150). In fact, in the Brazilian context, the most frequently used example of positive indirect effects is the well-publicized case of public policies combating AIDS.…”

Section: Discussionmentioning

confidence: 99%

Claiming the Right to Health in Brazilian Courts: The Exclusion of the Already Excluded?

Silva¹,

Terrazas²

2011

Law soc. inq.

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The aim of this article is to test a widespread belief among Brazilian legal scholars in the area of social rights, namely, the claim that courts are an alternative institutional voice for the poor, who are usually marginalized from the political process. According to this belief, social rights litigation would be a means (supposedly “a better means”) of realizing rights such as the right to health care, since supposedly both the wealthy and the poor have equal access to the courts. To probe the consistency of this belief, we analyzed the socioeconomic profiles of plaintiffs in the city of Sao Paulo (Brazil) who were granted access to specific medications or medical treatments by judicial decisions. In this study, the justiciability of social rights has not proven to be a means of rendering certain public services more democratic and accessible.

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Section: Discussionmentioning

confidence: 99%

Claiming the Right to Health in Brazilian Courts: The Exclusion of the Already Excluded?

Silva¹,

Terrazas²

2011

Law soc. inq.

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“…In the late 1990s it took public interest litigation to force the Health Ministry to provide HIV treatment to HIV-positive pregnant women over and above treatment for infants and not to discontinue that treatment after delivery. 33 …”

Section: Democratic Government and Women's Health Rightsmentioning

confidence: 99%

Maternity protection vs. maternity rights for working women in Chile: a historical review

Casas¹,

Herrera

2012

Reproductive Health Matters

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Maternity leave in Chile has been a social right since 1919, when the International Labour Organization set the first global standards. From its inception, Chile's labour legislation focused on protecting motherhood and the family. The length of maternity leave has been extended several times since then but its main aim remains the protection of infant health. In 1931, Chile's first Labour Code required anyone employing 20 or more women to provide day care services and facilitate childcare and paid breastfeeding time for all mothers of children under one. Labour laws began to play an important role in accommodating the care of infants within working conditions, though not always effectively. In spite of job protection during pregnancy and breastfeeding, women can be dismissed on grounds other than pregnancy. It was only under Salvador Allende and again in the past two decades that Chile has enfranchised women as holders of health rights. However, many unresolved tensions remain. Chile promotes motherhood, but often considers that working women who demand employment protection abuse the system. Motherhood is a magic wand that represents the selflessness of women, but society throws a blanket of mistrust over women who wish to exercise their maternity rights and to determine the number and spacing of their children.

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“…The political inaction prior to 2009 prompted LGBTI and legal activists to pursue judicial action as an alternate (and additional) means of achieving social and legal change. Contesse and Lovera note that it is often minority groups who turn to the courts when the political realm is inaccessible for advancing or upholding rights (Contesse and Lovera, : 143). Though the Chilean judiciary has been considered an independent branch of government, it has been largely portrayed as a corporatist, conservative and hierarchical institution (Couso, ; Hilbink, ).…”

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confidence: 99%

Brokering Sexual Orientation and Gender Identity: Chilean Lawyers and Public Interest Litigation Strategies

Miles

2015

Bull Latin American Res

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Rights gains for members of lesbian, gay, bisexual, transgender and intersex (LGBTI) populations in Chile have been highly contentious since democratisation, indicative of the stigmatisation directed towards non‐normative gender and sexual identities. This article addresses the role of activist lawyers pursuing LGBTI rights cases through the courts, and draws on McAdam and colleagues' (2001) concept of a ‘broker’ to examine the lawyers' roles in linking previously unconnected sites within the judiciary and further afield. The analysis draws these processes together through interactionist perspectives of meaning‐making and how they relate to stigma, deviancy and identity.

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Access to Medical Treatment for People Living with HIV/AIDS: Success Without Victory in Chile

Cited by 3 publications

References 1 publication

Claiming the Right to Health in Brazilian Courts: The Exclusion of the Already Excluded?

Claiming the Right to Health in Brazilian Courts: The Exclusion of the Already Excluded?

Maternity protection vs. maternity rights for working women in Chile: a historical review

Brokering Sexual Orientation and Gender Identity: Chilean Lawyers and Public Interest Litigation Strategies

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