Protecting health through courts; structural judgments

Abstract

The structural judgements theory was developed by various courts in Latin America like Colombia, and Dominican Republic. This theory has as its starting point the conception of the constitution as norms that are enforceable by courts. Structural judgements are judicial decisions that seek to solve generalized omissions in the satisfaction of human rights, caused by lack or faulty public policies. They generally impact provision of public services, such as health or education, with a collective and long-term dimension, so that they result in social changes. We analyze, as an example, the litigation on front labeling of foods in Mexico. This litigation got the food industry to add warnings about excess of sugar, fats, and salts in all products. Based on these decisions, we reflect on the challenges that structural judgments entail, what are the consequences of this judicial activism in the relation of courts with the executive and legislative branches of government. What are the challenges that this type of decision entail in terms of monitoring its compliance.