THE CHILDS RIGHTS CONVENTION AS AN APPLICABLE STANDARD IN CASES OF DISTRIBUTION OF HIGH-COST MEDICINES.

COMMENTARY ON THE RULING OF APPEALS COURT OF COPIAPO, ROL N° 76-2023

Abstract

This commentary focuses on a protective recourse judgment, case ROL 76-2023, heard before the Court of Appeals of Copiapó. The mentioned action alleges a violation of the right to life, health, and equality before the law of the girl with the initials A.I.Q.Z. The analysis delves into the reasoning deployed by the court regarding the notions of 'vulnerability' and 'best interests of the child,' and advocates for the relevance of an intersectional analysis. The work will be organized as follows: i) brief exposition of the judgment, ii) statement of the problem to be reviewed, iii) approach to the concept of vulnerability, iv) review of the normative hierarchy of the best interests of the child (ISN), v) review of the content of the ISN, and vii) presentation of conclusions.