Advancing a Human Rights-Based Approach to Access to Medicines: Lessons Learned from the Constitutional Court of Peru

Area of Science:

• Public Health Law
• Human Rights Law
• Health Policy

Background:

• The right to health and access to medicines are critical global health and human rights issues.
• International human rights bodies have defined state obligations, but national implementation remains challenging.
• Legal frameworks are essential for translating health rights into tangible public benefits.

Purpose of the Study:

• To analyze Peru's Constitutional Court decisions on health rights.
• To evaluate how these decisions clarify state obligations regarding access to essential medicines.
• To identify lessons for other nations seeking to uphold the right to health.

Main Methods:

• Qualitative analysis of landmark Constitutional Court rulings in Peru.
• Review of academic literature on the right to health and access to medicines.
• Comparative legal analysis of state obligations in health.

Main Results:

• Peru's Constitutional Court has issued significant rulings clarifying state responsibilities for ensuring health access.
• A rights-based judicial approach can effectively mandate state action on essential medicines.
• These legal precedents provide a model for other countries.

Conclusions:

• Judicial review is a powerful tool for advancing the right to health.
• States can strengthen access to essential medicines by adopting rights-based legal strategies.
• Peru's experience demonstrates the practical impact of constitutional health jurisprudence.