Information retrieval in the identification of the automatic non-guarantee of children and adolescent’s rights

Abstract

Introduction: The assessment of the extent to which the right of the population to health has not been automatically ensured requires consultation to judicial precedents and decisions of higher courts, since there is no systematized data available. Objective: To list the situations of lack of automatic guarantee of the right to health of children and adolescents associated to Protective and Socio-educational measures. Methodology: The strategy of Information Retrieval was adopted in the search for judicial precedents and decisions of higher courts, and based on these texts a database was constructed. Result: Eleven (11) search terms were adopted, resulting in 502 texts related to judicial precedents and decisions of higher courts. Twenty-five (25) variables were listed for the construction of the database. From this analysis, it can be seen that the most common situations of lack of automatic guarantee to the right to health are: psychological/psychiatric assistance, inclusion in programs of assistance and guidance to families, children and adolescents; and medical treatment. Conclusion: These demands indicate that children and adolescents face situations of risk to health, which should not happen, since the right to health is established by law, and therefore should be automatically ensured.