Implementation of the right to health in Brazil and India: a comparative study

Bertotti, Barbara Mendonca and Ranade, Arati (2021) Implementation of the right to health in Brazil and India: a comparative study. Euro-Latin American Journal of Administrative Law, 8 (2). pp. 27-46. ISSN 2362-583X

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The purpose of this article is to compare the legal-constitutional regimes of Brazil and India regarding the realization of the right to health. To this end, first, general information about the two systems will be presented, notably on the aspects of the fundamental nature of this right, the constitutional guarantee, the ownership of the duty to ensure it, the participation of the private sector and public health systems (if any). Then, the chosen objects of study will be contrasted in order to identify their proximities. The comparative method will be used, based on the functionalist approach and the thought spread by Pierre Legrand. The conclusion is that the right to health has more excellent protection and normative density in Brazil, Mainly because it is a constitutionally guaranteed fundamental right and because it has the Unified Health System as its public structure. In India, however, for not being constitutionally assured and not having a nationally structured public system, the right to health is at a lower level, and there is still much to be developed.

Item Type: Article
Keywords: Right to health | Brazil | India | Comparative method | Constitutional law
Subjects: Social Sciences and humanities > Social Sciences > Health (Social sciences)
Social Sciences and humanities > Social Sciences > Human Rights
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 12 Mar 2022 18:28
Last Modified: 12 Mar 2022 18:28
Official URL:
Funders: Coordenação de Aperfeiçoamento de Pessoal de Nível Superior, Brasil
Additional Information: Other title: Concretização do direito à saúde no Brasil e na Índia: Um estudo comparado


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