The judicialization of women's right to health in the Inter-American Court of Human Rights and its interrelationship with gender discrimination: protective standards

Abstract

This work is aligned with the Contemporary Constitutionalism line of research and focuses on analyzing the standards protecting women's right to health in the Inter-American Court of Human Rights in order to verify what these cases were and how the right to health of women is protected. As a result of the analysis of cases in which the Inter-American Court considered women's right to health to be violated, we seek to answer the following problem: is it possible to identify gender discrimination in the provision of health services to women through the cases judged by the Inter-American Court of Human Rights cut between 2018 and 2024 involving the topic? The approach method will be deductive, with bibliographic and jurisprudential research techniques. The relevance of this research is shown by the need to verify how women's right to health is being protected in the Inter-American Court, and whether there is structural discrimination in the provision of medical assistance, outlining a possible relationship between violations of rights and status of the female sex.