More rights for everyone? human rights, public policy and the case of orphan drugs

Abstract

When the constitutional reform on human rights was approved in 2011, there seemed to be a consensus on its benefits. There was optimism and it was not foreseen the possible risks and costs of its implementation. This article analyzes a series of amparos based on the right to health that forced public health services to pay for the so-called "orphan drugs", used to treat rare diseases. Promoted by pharmaceutical companies, these amparos sought to force the State into buying expensive and not properly tested drugs. This legal dispute serves to further the discussion on the unintended implications of this human rights reform, its impact on public policies, and the judicialization of social rights.