Washington, D.C. — Recently, the O’Neill Institute at Georgetown Law and Ríos Strategic Lawyering for Social Justice hosted the second annual “Judicial Dialogues on Health and the Law in Latin America and the Caribbean.” This event brought together judges and experts from across the region to discuss shared challenges and opportunities in healthcare law.
Notable participants included Justices from Colombia, the Dominican Republic, Chile, Honduras, and Ecuador. They were joined by speakers like Christian Courtis from the UN and Professor Gonzalo García Pino, a former Chilean justice. Their insights greatly enriched the discussions.
The focus of the dialogues was on the protection of health through rights-based approaches. Topics included the obligations of states to enhance health rights, how to regulate private healthcare actors, and issues surrounding sexual and reproductive health. Over two days, attendees explored solutions to these complex issues and emphasized the importance of learning from each other.
For instance, in discussing the principle of non-retrogression, experts explained that states are obligated not to lower existing health protections without strong justification. Justices shared how their courts apply this principle in practice, highlighting the serious implications for social rights.
Another session tackled the role of private actors in healthcare. Participants discussed how companies can negatively impact health outcomes and the legal responsibilities of states to regulate them. Issues such as the marketing of addictive products like tobacco were examined, showing that constitutional frameworks can be powerful tools for protecting health.
The conversation about reproductive health was particularly revealing. Over the last ten years, Latin America has made significant progress in decriminalizing abortion and improving reproductive rights. However, challenges remain, including strict abortion laws in several countries and the need for equitable access to safe services. Justices discussed how high courts are working to balance these rights with the realities on the ground.
The dialogues culminated in a public conference where judges reflected on the hurdles they face in enforcing health rights. They shared insights about their experiences, contributing to a broader understanding of health law in their countries.
Overall, the O’Neill Institute and Ríos Strategic Lawyering aim to keep fostering these conversations. The ongoing success of these dialogues highlights the crucial need for collaboration among courts and academics throughout Latin America and the Caribbean.
For a deeper dive, check out the recording of the public conference on YouTube.
