THE RIGHT TO HEALTH FROM A GENDER PERSPECTIVE: AN ANALYSIS BASED ON CASES FROM THE INTER-AMERICAN COURT OF HUMAN RIGHTS

Abstract

This article analyzes the right to health from a gender perspective in Inter-American jurisprudence. In other words, it analyzes the right to health from complementary perspectives that seek to understand where the right to health is situated, what is in perspective, and the extent of this right on the agenda of the Inter-American Court of Human Rights, seeking to understand how the right to health is recognized, protected, and operationalized, identifying advances, gaps, and challenges in the consolidation of this right as a strategic component of Human Rights in the Americas. Adopting a qualitative and quantitative approach, based on documentary analysis and jurisprudential case studies, the work begins with a systematic examination of international human rights treaties, especially the American Convention on Human Rights, the Protocol of San Salvador, and other normative instruments relevant to the protection of the right to health with a gender focus, subsequently systematizing decisions of the Inter-American Court of Human Rights that directly or indirectly involve violations of the right to health. The selection of cases followed criteria of thematic relevance and intersectional representativeness, considering markers such as gender, race/ethnicity, class, sexual orientation, age, and territory. The study pointed out that in several decisions, the Inter-American Court recognized the right to health as an autonomous right and linked its protection to a series of state obligations, such as guaranteeing universal access, eliminating structural barriers, protecting against institutional discrimination, and implementing reparation measures in contexts of violation, integrating the perspective of intersectionality into its judgments.