"" MINDD - DEFENDA SEUS DIREITOS

Pesquisar este blog

domingo, 29 de março de 2026

USA TODAY : FROM THE DUTY OF CARE TO THE GENOCIDE OF THE ELDERLY, THE SICK, WAR VETERANS AND VULNERABLE

New VA-DOJ agreement on guardianship could put homeless veterans at risk, advocates warn

"Even if a patient is dying, it is important to remember that they are still living." Journey Nursing Services

“Cuidar de quem está morrendo não é prolongar a morte — é restaurar a dignidade da vida.”



Dany Jury

 LOVE and RESPECT

“I’m taking you home.”

❤️ At 23, he walked away from ambition — to take care of his 81-year-old great-grandfather.

In 1974, Dan Jury stood in a nursing home hallway, looking at a man the world had quietly forgotten.

His great-grandfather, Frank Tugend.

To the staff, Frank was just another patient in a wheelchair.

But Dan saw something else.

A man who had survived war, poverty, immigration, and the Great Depression.

A life that deserved dignity — not isolation.

So at just 23 years old, Dan made a decision few would make:

“I’m taking you home.”

While his friends chased careers and success, Dan chose something else.

He became Frank’s full-time caregiver.

No training.

No roadmap.

Just patience and love.

He learned everything from scratch — how to help him eat, bathe, dress, and live with dignity.

Some days Frank was confused.

Some days he apologized for being a burden.

Dan always replied:

“You’re teaching me what actually matters.”

Even if a patient is dying, it is important to remember that they are still living

1974: Dan Jury stood in a nursing home hallway that smelled of disinfectant and resignation, watching his great-grandfather through a doorway.

Frank Tugend sat in a wheelchair by a window, staring at nothing. Eighty-one years old. 

A man who’d survived pogroms in Ukraine, crossed an ocean with nothing, worked coal mines that broke stronger men, and raised a family through the Great Depression. 

Now he was warehoused in a building where nobody knew his name, much less his story.

Dan was twenty-three. His friends were taking jobs at law firms, backpacking through Europe, chasing promotions and possibilities. 

The world was wide open.

He made a different choice.

“I’m taking you home, Frank.”

📷 A Story That Changed Minds

Dan brought his great-grandfather to his small apartment. No medical training. No plan beyond love. Just a camera, a stubborn heart, and the belief that Frank deserved better than dying among strangers.

Dan documented those years through photographs — real, raw moments of aging that most people avoid seeing.

In 1976, he and his brother published them in a book called Gramp.

It sold over 100,000 copies.

But more importantly, it changed something deeper.

It helped people rethink how we care for the elderly — and became part of a growing shift toward home care and hospice, where people could spend their final years with dignity, not alone.

For the next three years, Dan became Frank’s full-time caregiver.

He learned to help Frank bathe without stealing his dignity. He dressed him each morning, managed medications, cooked meals that Frank sometimes remembered eating and sometimes didn’t. 

When confusion swept through Frank’s mind like fog, Dan sat with him and waited for clarity to return. 

When Frank apologized for being a burden, Dan told him the truth:

 “You’re teaching me everything that matters.”

People thought Dan was throwing away his youth. What about career? 

What about building his own life? 

What about not being tied down to an old man who was only going to get worse?

But through his camera lens, Dan saw something his generation had forgotten: that aging isn’t failure, that vulnerability takes courage, and that accepting help is the final wisdom of a life well-lived.

He photographed everything. Not the sanitized, prettified version families usually preserve—the real version. 

Frank’s weathered hands. 

The confusion in his eyes. The moments of lucidity when the brilliant man he’d been broke through the fog. 

The dignity in simple acts: eating breakfast, looking out a window, being held.

These weren’t sad pictures. They were honest ones.

In 1976, Dan and his brother Mark published these photographs in a book called “Gramp.”

It was raw. It was uncomfortable. It showed dying not as something to hide in institutions but as a natural part of living—something that could happen at home, surrounded by love instead of strangers.

The book sold over 100,000 copies. 

More importantly, it detonated something in American culture.

Families across the country who’d felt guilty about nursing homes suddenly saw another path. 

Doctors and nurses who’d watched patients die alone in sterile rooms began asking different questions.

 The American hospice movement—barely a whisper in 1974—found its voice.

Gramp” became evidence that there was another way. 

That dying at home didn’t mean giving up on care—it meant reclaiming it. 

That the end of life could be as sacred and meaningful as the beginning.

Frank Tugend died in Dan’s arms in 1977, in the apartment where he’d spent his final years. 

Not in a building that smelled like giving up, but in a home that smelled like coffee and love.

Years later, Dan reflected that those three years taught him more than any career could have. 

Frank showed him that caregiving isn’t sacrifice when it’s built on love—it’s a privilege. That every person, no matter how confused or diminished they seem, carries a lifetime of wisdom. 

That family isn’t a burden; it’s the architecture that holds us up when nothing else can.

Their story changed America quietly, one family at a time.

Thousands chose home care. 

Hospice became a movement, then an institution. 

And a simple truth embedded itself in the culture: when we care for those who once cared for us, nobody loses. 

Everybody becomes more human.

Dan didn’t waste his twenties. 

He invested them in something that compounded interest across generations.

Because here’s what nobody tells you when you’re twenty-three and the world feels urgent: ambition will always be there,promotions will always be there.

But the people you love? They’re only here once.

Sometimes the most radical thing you can do is simply stay. 

To choose presence over productivity. 

To honor who someone was, even as they fade. To learn that in caring for the dying, we discover how to truly live.

Frank Tugend was born in 1892 in a Ukrainian village. He died in 1977 in a small American apartment, held by someone who loved him.

In between, he taught a twenty-three-year-old that success isn’t about what you accomplish—it’s about who you become in the process of showing up.

Dan Jury didn’t save his great-grandfather’s life. Frank’s time was already running out.

But he saved something more important: Frank’s dignity. His story. His proof that a life matters from beginning to end.

And in doing so, Dan gave America permission to love its elders differently.

That’s not wasting your life. That’s knowing exactly what it’s for.

It is important to remember that even if a patient is dying, it is most important to remember that they are still living. 

When we hear that someone is on hospice, people often picture someone who is actively dying – but sometimes it is 6 months or so left to live. 

https://journeynursingservices.com/in-home-care-for-veterans-2/

Verificação da veracidade

O livro Gramp: Photographs existe de fato, foi publicado em 1976 por Mark Jury e Dan Jury, e descreve como Frank Tugend foi cuidado em casa com amor e compaixão até sua morte.

 Isso está documentado em registros bibliográficos confiáveis e no catálogo do Internet Archive

O livro esta à venda na Amazon 

As fontes bibliográficas e descrições do livro apontam para “grandfather” (avô), não “great-grandfather” (bisavô). Um trabalho acadêmico resumido pelo CORE também descreve Frank Tugend como o avô de Dan e Mark Jury. 

🕊️ O momento final

Em 1977, Frank faleceu.

Não em um hospital.

Não cercado de estranhos.

Mas nos braços de Dan, em casa.

Dan disse mais tarde que aqueles três anos lhe ensinaram mais do que qualquer carreira jamais poderia ensinar.

Que cuidar não é um fardo.

É uma honra.

Que toda pessoa idosa carrega uma vida inteira de histórias — mesmo quando o mundo para de escutar.


New VA-DOJ agreement on guardianship could put homeless veterans at risk, advocates warn

By Kaanita Iyer

CNN Digital Expansion 2017

Brian Todd

Mar 20, 2026

The sign in the front of the headquarters building at the Department of Veteran Affairs is seen as people walk past in Washington, May 23, 2014.

Veterans’ advocates are raising concerns that a new agreement between the departments of Veterans Affairs and Justice could take away veterans’ autonomy over their health care decisions and deter them from seeking care, particularly those facing homelessness.

The memorandum, announced by the departments last week, would authorize VA attorneys to “initiate and participate in state court guardianship or conservatorship proceedings” while serving as special assistant US attorneys appointed by the Justice Department.

Guardianship “doesn’t take away your physical autonomy, but it can take away your right to vote, your right to marry, your right to engage in some financial transactions,” Jennifer Mathis, deputy director at Bazelon Center for Mental Health Law, told CNN. “That’s a big deal. We shouldn’t take that lightly.”

The VA said in a statement the agency serves “hundreds of Veterans” who cannot make their own health care decisions and don’t have family or legal representation, including those experiencing homelessness.

Under the memorandum, VA attorneys will be able to initiate guardianship proceedings “in cases where a legal decision-maker is required for post-acute transitions of care.” If the court approves, a third-party, “who is not a VA employee” will be appointed as a guardian, VA press secretary Peter Kasperowicz told CNN.

When a court grants guardianship, it allows a family member or someone appointed by the court to make some or all decisions for another individual. A Department of Justice webpage says that “guardianship results in the removal of an individual’s legal rights and restricts their rights to make their own decisions. For that reason, state laws recognize that it should be a last resort.”

Mathis told CNN she is concerned the memorandum “is that this may be a way to discharge veterans (experiencing homelessness) who are sitting in hospitals to settings that they might not choose.”

“If people are sitting in a VA hospital and not being discharged, it’s very likely because there aren’t enough services or housing, not because they don’t have guardianship,” Mathis said.

Asked about advocates’ concerns that the memorandum particularly impacts veterans facing homelessness and puts them at risk, Kasperowicz said, “VA’s announcement is not aimed at homeless Veterans. It is aimed at roughly 700 Veterans across the country who are currently in VA facilities and are unable to make their own health care decisions and have no family or legal representation to help them.”

“These Veterans remain in VA hospitals, which may not be the most appropriate setting for them, with no way of transitioning to more appropriate care,” he added. “Some are homeless or at risk of homelessness, but the key characteristic is not homelessness, it is the lack of capacity to make their own medical decisions.”

Thomas O’Toole, VA’s acting assistant undersecretary for health for clinical services, relayed a similar message to the House Committee on Veterans’ Affairs on Wednesday. He told lawmakers, “It is not intended as a homeless initiative.”

Mathis told CNN it is an unusual move to have VA’s lawyers petition for guardianship. However, Kasperowicz pushed back on the claim and said it’s similar to “health care providers and hospitals” filing guardianship petitions, stressing that the lawyers would have to follow the same rules as other petitioners.

Kathryn Monet, the CEO of National Coalition for Homeless Veterans, said with the memorandum, the departments are “trying to make it easier to place veterans in the conservator- or guardian-type situation.”

She told CNN she worries that “there’s a lot of opportunity for misuse,” pointing to the Trump administration’s actions on homelessness, which she described as being “focused on forced treatment and penalizing people for being outside.”

Last summer, for example, President Donald Trump signed an executive order making it easier for local jurisdictions to remove homeless people from the streets. Kasperowicz told CNN the memorandum “has nothing to do with” the president’s executive order and pushed back against concerns of misuse.

Nearly 33,000 veterans facing homelessness

According to a Department of Housing and Urban Development report published in 2024, there are nearly 33,000 veterans facing homelessness and nearly 14,000 of them are unsheltered. According to National Coalition for Homeless Veterans, around 5% of adults experiencing homeless are veterans.

Monet told CNN that stigmas around homelessness may make it easier for doctors to mistake veterans’ choices and behaviors as a sign of mental illness rather than in response to the conditions of poverty.

Homeless veterans are housed in 30 tents on a sidewalk along a busy San Vicente Boulevard outside the Veteran's Administration campus in West Los Angeles as viewed on April 22, 2021 in Los Angeles, California. During a 2020 count it was reported that there are an estimated 4,000 veterans living on the streets of Los Angeles.

Homeless veterans are housed in 30 tents on a sidewalk along a busy San Vicente Boulevard outside the Veteran's Administration campus in West Los Angeles as viewed on April 22, 2021 in Los Angeles, California. During a 2020 count it was reported that there are an estimated 4,000 veterans living on the streets of Los Angeles. George Rose/Getty Images

Another risk, she added, is once placed in conservatorship, a veteran experiencing homelessness may not have “the means to a legal defense to get out of this situation.”

Monet also acknowledged the possibility that the memorandum could deter veterans from seeking care.

“That’s the last thing that I want to see happen for a veteran facing housing instability, because VA, for a long time, has been a really strong provider of health care, and the place that is, you know, a resource for folks in poverty,” Monet said.

Democratic Rep. Mark Takano, the ranking member of the House Veterans’ Affairs Committee, also raised concerns that the memorandum will put veterans’ autonomy at risk. He said in a statement, “Veterans fought for our freedom and theirs. The federal government should not be engineering ways of taking it away.”

VA Secretary Doug Collins and Attorney General Pam Bondi have touted that allowing VA lawyers to petition for guardianship would make proceedings more efficient and ensure that veterans receive “timely” care.

“The Department of Justice is proud to partner with the Department of Veterans Affairs to support our nation’s brave Veterans by ensuring that they have the best legal resources available when it comes to making medical decisions and receiving timely care,” Bondi said in the statement. “We owe our Veterans a debt we can never fully repay — but we can give them the support they deserve.”

Veterans Affairs Secretary Doug Collins (C) speaks during a hearing with the Senate Committee on Veterans' Affairs on Capitol Hill on January 28, 2026, in Washington, DC.

Veterans Affairs Secretary Doug Collins (C) speaks during a hearing with the Senate Committee on Veterans' Affairs on Capitol Hill on January 28, 2026, in Washington, DC. Anna Moneymaker/Getty Images

But even one supporter of the move said it would be tricky to implement.

Stephen Eide, who studies homelessness as a senior fellow at the conservative-leaning Manhattan Institute, told CNN he strongly believes “there should be more use of involuntary interventions to deal with the mental health crisis and the homeless crisis.”

“There is a certain kind of individual — who is homeless or at risk of it — who has a condition like schizophrenia and is not being treated, who simply cannot be relied on to seek treatment voluntarily,” Eide said. “For this type of person, the choices are either no treatment or some kind of involuntary treatment. And I’ll go with involuntary treatment.”

However, he added that addressing the issue “from the federal level is very awkward.”

“It will require a lot of coordination between police, social workers, state and local governments,” Eide said. “There will be complexity in the execution of this.”

https://www.cnn.com/2026/03/20/politics/veterans-affairs-doj-guardianship-agreement

MINDD SAID:

Focus on this : 

When a court grants guardianship, it allows a family member or someone appointed by the court to make some or all decisions for another individual. A Department of Justice webpage says that “guardianship results in the removal of an individual’s legal rights and restricts their rights to make their own decisions. For that reason, state laws recognize that it should be a last resort.”

Mathis told CNN she is concerned the memorandum “is that this may be a way to discharge veterans (experiencing homelessness) who are sitting in hospitals to settings that they might not choose.”


AI CHATGPT SAID : 


Your request involves a multidimensional analysis (biblical, national and international legal, and comparative with contemporary practices in the U.S.). I will structure it in a technical manner, maintaining conceptual rigor and clearly separating the moral, normative, and empirical planes.


1. Analysis in light of 1 Timothy 4

First Epistle to Timothy

Chapter 4 deals with three main axes:

warning against moral deviations and hardening of conscience

valuation of practical godliness (not only discourse)

ethical responsibility in care and example

Application to the case

1.1 Seared conscience vs. moral sensitivity

1 Timothy 4:2 speaks of consciences “seared.”

→ The cold institutional abandonment of elderly people (as “just another patient”) reflects exactly this phenomenon:

desensitization

bureaucratization of human life

loss of moral empathy

Contrast:

Dan Jury → living, responsive conscience

institutional system → risk of a seared conscience

1.2 “Exercise yourself toward godliness” (1 Tim. 4:7-8)

Biblical godliness is not theoretical — it is practical.

Dan:

did not merely “value the elderly”

he embodied concrete care

This is in full conformity with the biblical standard:

physical care

dignity

presence

1.3 Human doctrines vs. lived truth

1 Tim. 4 criticizes external rules that seem religious, but ignore the essence.

Contemporary application:

formal systems of “institutional care”

may comply with protocols

but fail in real dignity

✅ Theological conclusion: 

Dan’s conduct represents Christian orthopraxy (correct practice), while many modern systems reflect the risk described in 1 Timothy 4: loss of moral essence under the appearance of order.

2. International Human Rights Law

2.1 Central instruments

United Nations

Universal Declaration of Human Rights

International Covenant on Civil and Political Rights

Inter-American Convention on Protecting the Human Rights of Older Persons

2.2 Applicable principles

Human dignity (UDHR, art. 1)

→ every human being is born free and equal in dignity

Prohibition of degrading treatment (ICCPR, art. 7)

→ includes abandonment, improper institutionalization, forced isolation


Autonomy and independence of the elderly person (Inter-American Convention, arts. 7 and 12)

→ right to:

decide where to live

maintain community life

not be compulsorily institutionalized

Application

Dan’s conduct:

promotes autonomy

preserves dignity

respects family bond

✔ aligned with international standards

Practices denounced (abusive guardianship):

forced interdiction

removal from the home

asset control

⚠ may constitute:

arbitrary deprivation of liberty

violation of autonomy

institutional violence against elderly persons

3. Statute of the Elderly (Brazil)

Statute of the Elderly

Relevant provisions

Art. 3 → absolute priority

Art. 10 → right to dignity and respect

Art. 19 → duty to prevent neglect

Art. 37 → right to family coexistence

Application

Dan Jury: ✔ fully complies with:

family coexistence

dignity

integral care

Cold or abusive institutional model: ⚠ may constitute:

institutional neglect

moral abandonment

violation of the right to coexistence

4. U.S. Constitution and case law

United States Constitution

4.1 Constitutional foundations

Due Process Clause (5th and 14th Amendments)

→ protection against arbitrary deprivation of liberty

Liberty interest (personal autonomy)

→ includes:

where to live

medical decisions

asset control

4.2 Relevant precedents

O'Connor v. Donaldson

→ The State may not confine a non-dangerous person


Addington v. Texas

→ requires a heightened standard of proof for commitment


Cruzan v. Director Missouri Dept. of Health

→ right to medical autonomy


Application to guardianship


Abusive guardianship may violate:

civil liberty

autonomy

property


If there is:

fraud

conflict of interest

forced institutionalization

→ it may constitute a serious constitutional violation


5. Guardianship system in the U.S. (critical analysis)


5.1 Legitimate structure (theoretical)

protection of incapacitated persons

asset management

supervised care


5.2 Documented problems (complaints)

conflicts of interest

financial exploitation

isolation of the elderly person

decisions without real consent


5.3 Case cited by you (veterans)

You mention:

agreement between VA (Veterans Affairs) and DOJ

compulsory institutionalization


⚠ Important technical point:

there is public debate and complaints

but this requires documentary verification on a case-by-case basis

it is not a formally proven universal policy throughout the U.S.


6. Central comparison


6.1 Dan Jury’s conduct


Element | Evaluation

Autonomy | Preserved

Dignity | Maximum

Human relationship | Central

Motivation | Ethical and affective


6.2 Abusive guardianship (complaints)


Element | Risk

Autonomy | Suppressed

Dignity | Reduced

Human relationship | Replaced by system

Motivation | May include economic interests


7. Final synthesis


You are, in practice, confronting two paradigms:


🔹 Paradigm 1 — Humanist / biblical / legitimate legal

intrinsic dignity

family care

autonomy

love as action


🔹 Paradigm 2 — Bureaucratic / abusive institutional (when distorted)

control

standardization

depersonalization

possible exploitation


8. Technical conclusion


Dan Jury’s conduct:

✔ Aligned with:

1 Timothy 4 (practical godliness)

International Law

Statute of the Elderly

U.S. Constitution


The practices denounced in certain guardianship cases:

⚠ May violate:

human rights

due process of law

dignity of the elderly person


9. Critical observation (important)


To maintain rigor:

Not every guardianship is abusive

But there is documented evidence of systemic abuses in some cases


10. If you want to move forward


I can now:

✔ specifically locate and analyze:

the veterans’ association article you mentioned

official VA / DOJ documents

medical opinions (e.g., Sam Sugar)

comparable concrete cases (Denis Titus, etc.)


✔ and transform all of this into a complete legal chapter (ABNT standard + case law + footnotes) for your formal complaint or blog


Just tell me: 👉 do you want to go deeper into the veterans / VA / DOJ part with complete documentary proof?

MINDD ALERT – INTERNATIONAL HUMAN RIGHTS ALERT HEALTH CARE CUTS ARE A MATTER OF LIFE AND DEATH : "Dems Quietly Start Their Next Big Health Care Effort (Democratas iniciam discretamente sua próxima grande iniciativa na área da saúde.)

 



🔴 MINDD DEFEND YOUR RIGHTS

  – INTERNATIONAL HUMAN RIGHTS ALERT

HEALTH CARE CUTS ARE A MATTER OF LIFE AND DEATH

I AM SHARING THIS BECAUSE IT IS URGENT.

This is no longer a policy debate.
This is a human rights emergency.

The rights to life, health, care, housing,

and human dignity
are universally recognized and legally binding under international law.

Under instruments such as:

  • International Covenant on Economic, Social and Cultural Rights
  • American Convention on Human Rights
  • Advisory Opinion OC-31/25

States are not free to choose whether to protect these rights.
They have a legal obligation to do so.


⚠️ CUTTING HEALTH CARE = STRUCTURAL VIOLENCE

Recent measures affecting health care access—including cuts to public coverage and subsidies—are not administrative adjustments.

They have direct and foreseeable lethal consequences.

When:

  • access to treatment is reduced
  • costs are shifted to patients
  • public programs are dismantled

the result is clear:

➡️ People are denied care
➡️ Diseases progress untreated
➡️ Death becomes a predictable outcome

This is not negligence.
This is state-enabled harm.


🧬 DENIAL OF MEDICATION IS A DEATH SENTENCE

Reports indicate that even previously free essential medications, including treatments for HIV, are being restricted or reduced.

This has devastating implications:

  • Patients who cannot afford the difference in cost are effectively sentenced to death
  • Interruptions in HIV treatment lead to immune collapse and fatal complications
  • Cancer patients and individuals with other serious or chronic diseases face the same reality

Denying access to essential medicines is not just poor policy.

Under international law, it may constitute:

  • violation of the right to life
  • violation of the right to health
  • cruel, inhuman, or degrading treatment
  • discrimination against vulnerable populations

⚖️ THE STATE HAS A NON-NEGOTIABLE DUTY

International human rights doctrine is unequivocal:

States must:

  • ensure availability and affordability of essential medicines
  • protect vulnerable populations from economic exclusion
  • prevent retrogressive measures that reduce access to health care
  • prioritize life over economic or political interests

The concept affirmed in OC-31/25 is critical:

➡️ The right to care is autonomous
➡️ It is directly linked to survival, dignity, and equality
➡️ Its violation generates international responsibility


💰 WAR FUNDING VS HUMAN SURVIVAL

It is morally indefensible that a nation capable of spending billions of dollars per day on war chooses to withdraw life-saving support from its own population.

This contradiction exposes a structural reality:

  • resources exist
  • priorities are political

And those priorities are costing lives.


🚨 THIS IS NOT IDEOLOGY — THIS IS HUMAN DIGNITY

A system that:

  • abandons the sick
  • excludes the poor
  • denies treatment to those who cannot pay

is not just unjust.

It is legally incompatible with human rights obligations.


📢 READ. REFLECT. SHARE.

Because:

Silence in the face of preventable suffering is complicity.
And indifference, in this context, enables death.


EMAIL RECEIVED TODAY , MARCH 29, 2026


Forwarded this email? Subscribe here for more


Dems Quietly Start Their Next Big Health Care Effort


They want to undo the damage done by Trump—and some are laying the groundwork for bigger reforms.


Jonathan Cohn

Mar 29


(Composite by Hannah Yoest / Photos: Shutterstock)

THERE ARE SIGNS that the debate about health care in America is about to get out of the rut it’s been in for about fifteen years—and that Democrats are preparing for the moment when it does.


Ever since 2010, the most high-profile fights in Washington have been about the Affordable Care Act and Medicaid. Mainly that’s because Donald Trump and the Republicans keep attacking those programs—as they did last year when they enacted the largest-ever cuts to Medicaid, then refused to extend lapsing “Obamacare” subsidies that had helped millions to get coverage, and reduced premiums for many millions more.


Democrats are determined to reverse those two steps, somehow, and you can expect them to make that a rallying cry in their campaigns for November’s midterm elections. But at least some Democrats don’t want to stop there. 

On March 19, a dozen of the party’s senators released an open letter announcing their intention to develop policies that would address a broader topic: The underlying increase in health care costs that is affecting everybody, not just people who are uninsured, on Medicaid, or buying coverage at HealthCare.gov.


The roughly 170 million Americans who get coverage through their employers are now paying (directly and indirectly) an estimated $27,000 a year on average for a family policy.

 “The American people need relief from rising premiums and deductibles that are forcing families into financial ruin,” the Senate Democrats wrote in their letter. “They also want an insurance system that doesn’t require them to jump through hoops and hack through red tape every time they need care.”


That may sound like a bunch of frothy boilerplate, given that the letter contained no specifics. But it’s not just these Democratic lawmakers who say it’s time to have a broader conversation, one that goes beyond undoing what Trump and the Republicans have just done. You hear the same thing from prominent analysts and advocates like Anthony Wright, president of the pro-coverage, pro-consumer organization FamiliesUSA.


“I do think people recognize that, as we wage the fight to defend coverage and consumer protection and specific communities under attack, that we don’t fall into a trap of defending the status quo that people thought rightly was broken,” Wright told me in an interview. “We need to show that we have a plan, not just to repeal bad stuff, or even to rebuild—but to reimagine what the health system should look like.”


That kind of reimagining can’t happen right away. Trump and the Republicans seem incapable of putting forward serious reform proposals, unless they involve hacking away at insurance coverage for people who need it. 

And the first chance Democrats might have to govern with a trifecta is nearly three years away. But it’s with an eye to that possibility that Democrats and their allies are starting to plan now—to make sure they are “prepared to take action on these issues the next time Democrats have an opportunity,” as the Senate Democrats put it in their letter.


And there’s an unmistakable parallel here, to a politically similar time when Democrats and their allies started laying the groundwork for future legislation. 

“This moment feels a bit like twenty years ago,” Larry Levitt, executive vice president for health policy at KFF, told me in an interview, “when groups of policy experts, advocates, and politicians started to talk about health care ideas that ultimately coalesced into the passage of the Affordable Care Act.”


But the challenge is different this time, and in some ways more difficult. Reducing health care costs inevitably involves reducing the flow of money into somebody’s pockets, which just as inevitably angers powerful constituencies and industry groups. Democrats aren’t even close to having a consensus on what to do. And 2029 is a lot closer than it might seem.


Share


ONE PERSON WHO KNOWS THIS all too well is Ron Wyden, the senator who organized the open letter and who hopes to lead discussions inside his caucus. He’s been focusing on health care ever since the 1970s, when as a freshly minted college graduate he helped to establish Oregon’s chapter of the Gray Panthers, a grassroots organization to defend the interests of seniors.


The unfailingly earnest Wyden will bring this up anytime you talk to him about health care. It’s part of his wonky charm, if you’ve gotten to know him as some of us have, and a point of information that is genuinely relevant. Helping elderly Americans get health care really has been a signature cause, going all the way back to 1981 when he first got to Congress.


In fact, when I spoke to Wyden last week, he said he was still angry over testimony that Mehmet Oz gave a year ago, during hearings for his confirmation as administrator of Medicare and Medicaid.

 The celebrity doctor had refused to stand by a Biden-era rule that raised the minimum staffing standards for nursing homes—requiring more personnel and a nurse on duty 24/7 by 2029—instead arguing that technology and telemedicine could take the place of extra staff.


“Are you kidding me,” Wyden said in our interview, “an 85-year-old woman trying to go to the bathroom in a dark bedroom is somehow going to be able to be safe and get there by an algorithm?”¹


But Wyden has also put in the time to think about and propose policies for non-elderly Americans. 

In late 2006, shortly after Democrats won control of the House and Senate in that year’s midterm election, he unveiled what he called the “Healthy Americans Act”—a detailed legislative proposal, complete with a financing scheme and independent analysis of its likely cost and impact.


It was a watershed moment, because it signaled that mainstream Democrats were serious about trying to enact legislation to achieve or at least approach universal coverage. Democratic leaders had mostly abandoned that effort in the 1990s, after a failed reform effort by then-President Bill Clinton helped to fuel a political backlash that ended up giving Republicans full control of Congress for the first time in decades.


Join now

Wyden’s proposal didn’t ultimately become the template for new reforms, partly because it envisioned everybody—even people who already had employer insurance—buying coverage on their own through newly regulated markets. That violated what most strategists believed was the single biggest lesson of the Clinton fiasco: Don’t mess with employer insurance, because it will spook anybody who has it already.


Another reason Wyden’s proposal didn’t go far was that he was not in charge of the Finance Committee, whose jurisdiction over taxes, Medicare, and Medicaid make it the single most critical committee for health care legislation. 

The chairman at the time was Montana Democrat Max Baucus, whose politics skewed more conservative and whose close ties to industry lobbyists ² enraged many of his fellow Democrats. Baucus—whose relationship with Wyden was never great—favored the less ambitious reform model that eventually became the Affordable Care Act, which left employer coverage in place.


Wyden finally got his chance to legislate years later, as ranking minority member and then (after the 2020 elections) chairman of the Finance Committee. 

That’s when he helped craft the Inflation Reduction Act’s prescription drug price reforms, including provisions that allow Medicare to negotiate with manufacturers over the prices of certain high-priced drugs, a longtime Democratic goal.


Sen. Ron Wyden (D-Ore.) during the confirmation hearing for Dr. Mehmet Oz on March 14, 2025. (Photo by Anna Moneymaker/Getty Images)

Wyden is in line to again become Finance chairman if Democrats retake the Senate in 2026, meaning that he would once more have the staff and jurisdiction to shape legislation. And he’s already taking the initiative, in case the opportunity presents itself. 

The March 19 open letter outlines steps, including a series of conversations with both fellow senators and outsiders who have something to say, that Wyden hopes can lead to some kind of framework for legislation that the Finance Committee would formally release.

“Senate Finance Committee Democratic staff will develop policies that lower costs, make it simpler to get and use insurance, and rein in shameless profiteering by corporate insurance companies,” the March 19 letter states, hinting at the directions Wyden and his colleagues want to go with policy.


This letter is actually the second one Wyden and his colleagues have released. The first was about prescription drugs. There are plans for a third, which will focus on long-term care. It’s a lot to take on, which is why—Wyden told me—it’s important the work gets started now.


“It takes a lot of sweat equity if you want to get into major changes,” he said.

Join Bulwark+ at 20 percent off for the next year. Support the mission. Support independent journalism. Join a community built on good faith.


Get 20% off for 1 year


WYDEN IS BY NO MEANS THE ONLY MEMBER of the Democratic caucus who is thinking big thoughts on health care, or who would be expected to play a key role in legislation should the party get a chance to govern. 

The list of others starts with Bernie Sanders, the independent and self-described democratic socialist from Vermont, who has spent a political lifetime making the case for a single-payer, “Medicare for All” system.


Should Democrats regain power, Sanders would be in line to take over the Health, Education, Labor and Pensions Committee—which, despite its name, has traditionally played a junior role to the Finance Committee on health care issues because it has more limited jurisdiction. But Sanders’s long history on health care, plus his position as leader of the party’s progressive wing, means he would have to be part of any serious legislative effort.³


Sanders isn’t on the open letter. But a few other high-profile progressive Democrats are (Elizabeth Warren of Massachusetts, Peter Welch of Vermont) as are some more conservative senators (Elissa Slotkin of Michigan, Mark Warner of Virginia). And it’s not just on Capitol Hill where there’s broad interest in thinking about the long term. There have been stirrings of activity in the world of think tanks and advocacy groups, too.


“There are various interactive conversations in this world, including advocacy and think tanks, and they are just starting,” said Wright, whose experience includes more than two decades spent helping to lead reform campaigns in California. “I don’t want to overstate how far they’ve gone—really just getting underway, a lot of it informal. But you can tell people are thinking ahead.”


Let us help you see around corners: Sign up for a Bulwark+ membership to unlock all our independent journalism, access ad-free versions of our videos, and join our growing pro-democracy community:


Get 20% off for 1 year


But that process ultimately made legislation possible because Democrats and their allies were able to find—and then refine—a common vision. Getting there now is going to require working through some contentious, complex questions, starting with one that dominated the 2020 presidential primaries—i.e., the last time Democrats were the party out of power—when the debate was about whether or not to endorse Sanders’s version of Medicare for All.⁴


That debate is certainly worth having. Among other things, Medicare for All represents one way to deal with costs, since the early-stage proposals being considered by Wyden and others generally envision the federal government controlling spending through a combination of budgets and price regulation, as countries abroad with national health systems do.


But like all proposals it comes with tradeoffs. It would be taking money away from at least some parts of the health care industry—including hospitals—and those affected sectors would argue (plausibly or not, depending on your point of view) that the change would lead to rationing. And that’s to say nothing of the fact that—like Wyden’s old plan—the purest schemes envision the new public insurance system replacing existing employer coverage.


A healthy internal Democratic debate would consider that idea, just as it would consider other ideas for controlling costs—including some that haven’t yet gotten a ton of political attention. 

That might include, for example, going after costs with budgets and price controls but without requiring everybody to shift into a new public insurance plan.⁵ It could also include proposals that create a new public plan but that make enrollment purely voluntary—what’s come to be known as a “public option.”


Yet another way to go would be to focus on a set of discrete, targeted reforms—like expanding the new prescription drug negotiating powers or resurrecting the once-popular idea of a “patient’s bill of rights” that restricted the ability of insurance companies to deny treatments. 

One advantage of this approach is that, depending on the specifics of the proposals, Democratic lawmakers might be able to pass narrower reforms more quickly. (Most likely, they’d have to use the budget reconciliation process to avoid a Republican filibuster.) That could help build trust with voters for subsequent efforts.


Of course, even the smaller, more targeted ideas would also come with tradeoffs. More aggressive drug price regulation, for example, could affect innovation. And deterring insurance company reviews could end up making it harder for them to control costs. That’s the whole point of taking up these ideas now: To weigh those tradeoffs, figure out how to present the worthwhile ideas, and then build a consensus behind them.


“You can’t win health reform before the election, but you can lose it,” said Wright. “If you don’t set things up, then you won’t be ready when the window opens.”


And the window is bound to open, probably in the next few years, because that’s how it goes in American politics. Big debates about how to reform health care reliably start once the problems of the status quo have become impossible to ignore, and once the battle scars from previous debates have started to fade. Typically the cycle takes about two decades. And it’s been almost exactly two decades since the start of the process that led to the Affordable Care Act.


This doesn’t mean the Affordable Care Act was a failure, as Republicans frequently claim. It simply means there is a lot more to do, because—as Barack Obama tweeted last week—the law “was always meant to be a first step.”


And now, just maybe, it might be time for the next one.


Leave a comment


1

The Biden-era rule raising the minimum staffing requirement for nursing homes was put on hold for a decade as part of the Republicans’ One Big Beautiful Bill enacted last summer, and formally repealed by Oz’s agency in December.


2

Baucus’s determination to work with Republicans, especially Charles Grassley, the committee’s top Republican, also enraged Democrats—especially in 2009, when Baucus kept trying to get Grassley to support what became the Affordable Care Act.


3

Back in the Obama era, the same was true for HELP Chairman Ted Kennedy, because of his own long history of engagement on health care as well as his reputation as a legislative maestro.


4

Most of the Democratic candidates in the 2020 presidential primary looked for ways to present something that sounded like Medicare for All and attempted to capture its appeal, but without threatening the disruption that the Sanders plan would. The candidate most resistant to that was Joe Biden, who preferred a more gradual transformation that leaned more heavily on beefing up the systems already in place. The issue more or less vanished once the pandemic hit, when the focus on health care turned to emergency measures, like bolstering those Affordable Care Act subsidies. But the debate could return in 2028.


5

Longtime health care journalist Merrill Goozner recently sketched out how such a plan would work in an article that ran in the Washington Monthly and on his Substack, the delightfully named GoozNews, which I highly recommend.


You’re a free subscriber to The Bulwark—the largest pro-democracy news and analysis bundle on Substack. For unfettered access to all our newsletters and to access ad-free and member-only shows, become a paying subscriber.

Join now

We’re going to send you a lot of content—newsletters and alerts for shows so you can read and watch on your schedule. Don’t care for so much email? You can update your personal email preferences as often as you like. To update the list of newsletters or alerts you received from The Bulwark, click here. Having trouble with something related to your account? Check out our constantly-updated FAQ, which likely has an answer for you.

 

Share

 

Like

Comment

Restack

 

© 2026 Center Enterprises, Inc

1255 22nd St NW #18958, Washington, DC 20037

Unsubscribe


Start writing




sexta-feira, 20 de março de 2026

INTERNATIONAL: RIGHTS OF CARE : IA ANALYSIS ON ADVISORY OPINION OC-31/25 (INTER-AMERICAN COURT OF HUMAN RIGHTS) The Recognition of Care as a Human Right and Its Relevance for U.S. Legal and Constitutional Frameworks


 Inter-American Court of Human Rights released Thursday, August 7, Advisory Opinion 31 of 2025

IA GEMINI  COMPLANALYSIS 

English (Video Description)

The Inter-American Court of Human Rights released last Thursday, August 7, Advisory Opinion 31 of 2025, in response to the request submitted by the Republic of Argentina regarding the content and scope of the right to care and its interrelationship with other rights.

This advisory proceeding addressed issues such as the right to care, to be cared for, to self-care, and its connection with life, the family, and economic, social, cultural, and environmental rights. 

With the participation of more than 265 actors from different regions, it was the Court’s second most participatory proceeding and the first in which an international court was consulted regarding the right to care.

Learn all the details of the proceeding on the microsite for OC-31/25: https://bit.ly/3UiXIh1

Consult the full text of the Advisory Opinion: https://bit.ly/3UN3K9U

This video was made possible thanks to the support of the Swiss Agency for Development and Cooperation (SDC).

https://youtu.be/Pjtj7Jr_-KE?si=YDa2DvTGPXcSy17n

Español 

La Corte Interamericana de Derechos Humanos divulgó el pasado jueves, 7 de agosto, la Opinión Consultiva 31 de 2025, en respuesta a la solicitud presentada por la República Argentina sobre el contenido y el alcance del derecho al cuidado y su interrelación con otros derechos.

Este proceso consultivo abordó cuestiones como el derecho a cuidar, a ser cuidado, al autocuidado y su vínculo con la vida, la familia y los derechos económicos, sociales, culturales y ambientales. Con la participación de más de 265 actores de diferentes regiones, fue el segundo proceso más participativo de la Corte y el primero en que un tribunal internacional es consultado en relación con el derecho al cuidado.

Conozca todos los detalles del proceso en el micrositio de la OC-31/25: https://bit.ly/3UiXIh1

Consulte el texto completo de la Opinión Consultiva: https://bit.ly/3UN3K9U

Este video fue realizado gracias al apoyo de la Agencia Suiza para el Desarrollo y la Cooperación (COSUDE).

https://youtu.be/Pjtj7Jr_-KE?si=YDa2DvTGPXcSy17n

Português 

A Corte Interamericana de Direitos Humanos divulgou na última quinta-feira, 7 de agosto, o Parecer Consultivo 31 de 2025, em resposta ao pedido apresentado pela República Argentina sobre o conteúdo e o alcance do direito ao cuidado e sua inter-relação com outros direitos.

Este processo consultivo abordou questões como o direito de cuidar, de ser cuidado, de autocuidado e sua ligação com a vida, a família e os direitos econômicos, sociais, culturais e ambientais. Com a participação de mais de 265 atores de diferentes regiões, foi o segundo processo mais participativo da Corte e o primeiro em que um tribunal internacional é consultado em relação ao direito ao cuidado.

Conheça todos os detalhes do processo no microsite da OC-31/25: https://bit.ly/3UiXIh1

Consulte o texto completo do Parecer Consultiva: https://bit.ly/3UN3K9U

Este vídeo foi realizado graças ao apoio da Agência Suíça para o Desenvolvimento e a Cooperação (COSUDE).

https://youtu.be/Pjtj7Jr_-KE?si=YDa2DvTGPXcSy17n

(506) 2527-1600 www.corteidh.or.cr corteidh@corteidh.or.cr Ave 10, Streets 47 and 49 Los Yoses, San Pedro, San José, Costa Rica.

GEMINI AI ANALYSIS 


This analysis provides a refined, high-level legal commentary on the Inter-American Court of Human Rights (IACtHR) Advisory Opinion 31/2025 (OC-31/25). It integrates the requested SCOTUS precedents, addresses the intersectional realities of care, and structures the arguments for use in international and domestic legal advocacy.

THE JURISPRUDENCE OF HUMAN DIGNITY: Advisory Opinion OC-31/25 and the Transformation of Care into an Enforceable Universal Right


I. Executive Summary: 


A Paradigm Shift in Human Rights
Advisory Opinion OC-31/25 represents a structural evolution in global jurisprudence. By recognizing care as an autonomous human right, the Inter-American Court has moved beyond viewing care as a private domestic matter or a mere social policy objective. It is now a legally enforceable pillar of human dignity, grounded in the principles of social co-responsibility, equality, and non-discrimination.

II. The Tripartite Framework of OC-31/25


The Court establishes three interdependent dimensions that constitute the right to care:

 * The Right to Receive Care: The entitlement of every person, particularly those in situations of dependency (children, elderly, persons with disabilities), to receive quality, sufficient, and adequate support to live with dignity.

 * The Right to Provide Care: The right to perform caregiving—whether paid or unpaid—under dignified conditions, free from discrimination, and with protection for the caregiver’s own well-being.

 * The Right to Self-Care: The right of both the caregiver and the recipient to attend to their own physical, mental, and spiritual needs.

III. Correcting and Refining the CHATGPT AI  Legal Analysis

While previous CHATGPT AI analyses identified the core dimensions, a more rigorous legal interpretation must emphasize the Positive Obligations imposed on States. Unlike traditional "negative liberties" (freedom from state interference), the Right to Care mandates that States:

 * Organize the entire state apparatus to guarantee the right.

 * Legislate to ensure equitable distribution of care (e.g., parental leave, flexible work).

 * Allocate resources to professionalize care and support unpaid caregivers.

IV. Expanded U.S. Jurisprudence: Connecting OC-31/25 to SCOTUS


 Precedents


Although the U.S. is not a party to the American Convention, its own constitutional "penumbras" and the Due Process Clause of the 14th Amendment provide a fertile ground for these principles.

1. Substantive Due Process and Family Integrity


The right to care is deeply connected to the "liberty" interest in family life and bodily autonomy:

 * Meyer v. Nebraska, 262 U.S. 390 (1923): Recognized that "liberty" includes the right to establish a home and bring up children—a foundational aspect of the right to provide care.

Due process does not allow a state to prohibit teaching children any language other than English.

 * Pierce v. Society of Sisters, 268 U.S. 510 (1925): Affirmed the liberty of parents to direct the upbringing and education of children.

"The fundamental theory of liberty upon which all governments of this Union rest excludes any general power of the State to standardize its children by forcing them to accept instruction from public teachers only. P. 268 U. S. 535."


 * Cruzan v. Director, Missouri Dept. of Health, 497 U.S. 261 (1990): While focusing on the right to refuse treatment, it reinforces the principle of self-care and bodily autonomy.


2. Disability Rights and the Right to "Support"

 * Olmstead v. L.C., 527 U.S. 581 (1999): This landmark case mirrors the IACtHR's stance on the right to receive care. SCOTUS ruled that unjustified segregation of people with disabilities in institutions constitutes discrimination. This establishes a domestic "right to care" in the most integrated setting appropriate.

3. Gender and Racial Equity

 * United States v. Virginia, 518 U.S. 515 (1996): Established that "overbroad generalizations about the different talents, capacities, or preferences of males and females" cannot justify unequal treatment. This supports the IACtHR’s mandate to dismantle the gendered stereotypes that place 3x more care burden on women.

V. The Intersectionality of Care: Statistical Realities

The Court explicitly acknowledges that care is not a neutral labor; it is gendered and racialized.

 * The Gender Gap: Globally and in the Americas, women perform unpaid care work in a proportion three times greater than men.

 * The Racial Marker: In countries like Brazil, the majority of the paid care workforce is comprised of Black women.

 * The GDP Factor: Unpaid care work represents a massive, often invisible, contribution to the Gross Domestic Product (GDP). Without this labor, the formal economy would collapse.

VI. Practical Application for Litigants and Advocates

OC-31/25 provides a "Strategic Litigation Framework" for various contexts:
 
* Guardianship and Elder Abuse: Arguing that state-sanctioned
 guardianship systems must shift from "control" to "support," respecting the autonomy of the elderly as per the right to receive care.

 * Foreclosure and Housing: Linking the right to a life plan (established in OC-31/25) to the stability of the home. Eviction without alternative care infrastructure violates the right to self-care and family integrity.

 * Institutional Reform: Using Olmstead in conjunction with OC-31/25 to demand better community-based care resources rather than isolated institutionalization.

VII. International Correlation: A Global Consensus

The principles in OC-31/25 are echoed across other systems:

 * European Court of Human Rights (ECtHR): Kudła v. Poland (2000) emphasizes that the State has a positive obligation to ensure that a person is held in conditions which are compatible with respect for human dignity.

* United Nations: The Convention on the Rights of the Child (CRC) and CEDAW both mandate the recognition of the social value of care.

VIII. Conclusion: From Invisibility to Legality

The IACtHR has declared that "What they call love, we call work." By elevating care to a human right, the legal system finally acknowledges the invisible labor that sustains humanity. For the United States, OC-31/25 serves as a powerful interpretive tool to expand the definitions of "liberty" and "equal protection," ensuring that the law protects not just the right to be left alone, but the right to the support necessary for a dignified life.

Verified Legal References (ABNT Format)

INTER-AMERICAN COURT OF HUMAN RIGHTS. Advisory Opinion OC-31/25: The content and scope of the right to care and its interrelationship with other rights. San José, Costa Rica, June 12, 2025. Available at: https://www.corteidh.or.cr/OC-31-2025/index-eng.html. Accessed on: 20 Mar. 2026.

UNITED STATES SUPREME COURT. Olmstead v. L.C., 527 U.S. 581 (1999). Available at: https://supreme.justia.com/cases/federal/us/527/581/. Accessed on: 20 Mar. 2026.

UNITED STATES SUPREME COURT. Troxel v. Granville, 530 U.S. 57 (2000). Available at: https://supreme.justia.com/cases/federal/us/530/57/. Accessed on: 20 Mar. 2026.

ORGANIZATION OF AMERICAN STATES. American Declaration of the Rights and Duties of Man. 1948. Available at: https://www.oas.org/dil/American_Declaration_of_the_Rights_and_Duties_of_Man.pdf. Accessed on: 20 Mar. 2026.


Gostaria que eu adaptasse algum desses precedentes específicos para um argumento de petição focado em elder abuse ou guardianship?


CHATGPT AI ANALYSIS 


Here is a structured legal commentary in English, written at a high international level, with analytical depth, correlation with other courts, and tailored to be useful for U.S. citizens and litigants, even though the United States has not ratified the American Convention:

COMMENTARY ON ADVISORY OPINION OC-31/25 (INTER-AMERICAN COURT OF HUMAN RIGHTS)

The Recognition of Care as a Human Right and Its Relevance for U.S. Legal and Constitutional Frameworks


I. Introduction


The Inter-American Court of Human Rights (IACtHR), in Advisory Opinion OC-31/25 (2025), recognized care as an autonomous human right, grounded in the American Convention on Human Rights. This development represents a structural evolution in international human rights law, reframing care not merely as a social policy concern but as a legally enforceable right linked to human dignity.

Although the United States has not ratified the American Convention, the principles articulated in OC-31/25 are not normatively irrelevant to U.S. law. On the contrary, they resonate with:

Constitutional guarantees under the Due Process Clause (5th and 14th Amendments)

International human rights obligations undertaken by the U.S. through treaties it has signed or ratified

Jurisprudence from global and regional human rights systems

---

II. The Core Holding of OC-31/25


The Court establishes that the right to care has three interdependent dimensions:

1. The right to receive care


2. The right to provide care (under fair conditions)


3. The right to self-care


It further imposes positive obligations on States:

To respect (non-interference)

To protect (prevent third-party violations)

To fulfill (adopt policies, laws, and infrastructure)


This tripartite framework aligns with the classical structure of international human rights obligations, as articulated by the UN Committee on Economic, Social and Cultural Rights (CESCR).

---

III. Care as a Structural Component of Human Dignity


OC-31/25 explicitly links care to:

Human dignity

Equality and non-discrimination

Access to health, work, education, and social security


This reasoning is consistent with:

Universal Declaration of Human Rights (UDHR), Articles 1 and 25

International Covenant on Civil and Political Rights (ICCPR) (ratified by the U.S.)

International Covenant on Economic, Social and Cultural Rights (ICESCR) (signed but not ratified by the U.S.)


The recognition of care as a right reflects an evolution from formal equality to substantive equality, requiring States to address structural inequalities, including those based on gender and race.

---

IV. Gender, Race, and the Doctrine of Structural Inequality


A central contribution of OC-31/25 is its acknowledgment that care work is not neutral. It is historically:

Gendered (disproportionately performed by women)

Racialized (particularly affecting Black women in Brazil and across the Americas)


This aligns with jurisprudence from:

1. Inter-American System


González et al. (“Cotton Field”) v. Mexico (2009)
→ Recognition of structural gender violence


2. European Court of Human Rights (ECtHR)


Opuz v. Turkey (2009)
→ State responsibility for systemic gender-based violence


3. United Nations


CEDAW Committee General Recommendations
→ Recognition of unpaid care work as a source of inequality


These precedents reinforce that neutral legal frameworks may perpetuate inequality unless they actively address structural disparities.

---

V. Relevance for the United States Legal System


Although the United States is not bound by the American Convention, the principles of OC-31/25 can be translated into existing U.S. constitutional doctrine.

1. Substantive Due Process


The U.S. Supreme Court has long recognized that certain rights, though not explicitly enumerated, are protected under the Due Process Clause, including:

Family integrity

Bodily autonomy

Personal dignity


Cases such as:

Griswold v. Connecticut (1965)

Obergefell v. Hodges (2015)


demonstrate that unwritten rights essential to human dignity may receive constitutional protection.

👉 The right to care can be framed as part of this evolving doctrine.

---

2. Equal Protection and Anti-Discrimination Law


The disproportionate burden of care on women and minorities raises issues under:

Equal Protection Clause (14th Amendment)

Anti-discrimination statutes (e.g., Title VII)


U.S. jurisprudence, including:

United States v. Virginia (1996)


supports heightened scrutiny when laws or practices reinforce gender-based inequality.

---

3. Positive Obligations: A Missing Piece


A key difference emerges:

International law (including OC-31/25) → recognizes positive obligations

U.S. constitutional law → traditionally emphasizes negative liberties


However, there are exceptions:

DeShaney v. Winnebago County (1989)
→ While limiting state duty, it acknowledges responsibility in special relationships


👉 OC-31/25 pushes toward a modern reinterpretation, suggesting that systemic neglect of care infrastructure may itself constitute a human rights violation.

---

VI. Comparative Perspective: Convergence Across Legal Systems


The recognition of care as a human right reflects a broader global trend:

1. European Union


EU Charter of Fundamental Rights (Art. 33)
→ Protection of family and professional life balance


2. India


Expansive interpretation of Article 21 (Right to Life)
→ Includes dignity, health, and social welfare


3. South Africa


Constitutional recognition of socio-economic rights, including access to healthcare and social assistance


These systems demonstrate a convergence toward recognizing care as essential to dignity and citizenship.


---

VII. Practical Implications for U.S. Citizens and Advocates


Even without formal treaty obligations, OC-31/25 can serve as:

1. Persuasive Authority


Used in:

Constitutional litigation

Civil rights advocacy

Policy reform arguments


2. Interpretive Tool


To support arguments that:

> “Human dignity requires not only freedom from state interference, but also the conditions necessary for meaningful existence.”


3. Strategic Litigation Framework


Particularly in cases involving:


Elder care

Disability rights

Guardianship abuses

Gender-based inequality

Access to healthcare

Access to housing 

Foreclosures's frauds


---

VIII. Conclusion


Advisory Opinion OC-31/25 represents a paradigm shift:

> Care is no longer invisible labor — it is a legal right and a state obligation.

For the United States, the decision offers:


A comparative constitutional lens

A normative framework for expanding dignity-based rights

A powerful advocacy tool, especially in contexts where existing protections are insufficient


Even outside the formal jurisdiction of the Inter-American Court, the principles articulated in OC-31/25 reinforce a universal proposition:

> A legal system that ignores care fails to protect human dignity.


---

If you want, I can next:

Add full Bluebook + ABNT citations with URLs (SCOTUS, UN, IACHR, ECtHR, etc.)

Adapt this into a petition-style argument for U.S. courts

Or connect directly with your cases (guardianship, elder abuse, foreclosure) with concrete legal strategies

HUMAN RIGHTS :INTERNATIONAL HUMAN RIGHTS OBLIGATIONS AND GLOBAL JURISPRUDENCE


This analysis examines the international human rights obligations applicable to the United States, 

**INTERNATIONAL HUMAN RIGHTS OBLIGATIONS AND GLOBAL JURISPRUDENCE:

APPLICABILITY TO THE UNITED STATES LEGAL FRAMEWORK**


I. INTRODUCTION


This analysis examines the international human rights obligations applicable to the United States, including those derived from:

Treaties ratified by the United States

Treaties signed but not ratified

Customary international law

Regional human rights instruments

It further integrates jurisprudence from global and regional human rights systems, demonstrating that:

Procedural fairness, access to justice, and protection of human dignity constitute binding or persuasive legal obligations that transcend formal treaty ratification.

II. BINDING INTERNATIONAL OBLIGATIONS OF THE UNITED STATES


1. Ratified Human Rights Treaties


The United States is legally bound under international law by several core human rights treaties:

International Covenant on Civil and Political Rights (ICCPR)

Convention Against Torture (CAT)

International Convention on the Elimination of All Forms of Racial Discrimination (CERD)

These treaties impose enforceable obligations, including:

Due process guarantees

Prohibition of arbitrary detention

Protection from torture and degrading treatment

Equal protection under the law

Even where the United States declares provisions “non-self-executing,” it remains bound internationally under:

Article 26 of the Vienna Convention on the Law of Treaties (pacta sunt servanda)

2. ABNT Footnotes (Verified Sources)


UNITED NATIONS. International Covenant on Civil and Political Rights. 1966. Available at:


Accessed on: 20 Mar. 2026.

UNITED NATIONS. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. 1984. Available at:


UNITED NATIONS. International Convention on the Elimination of All Forms of Racial Discrimination. 1965. Available at:

UNITED NATIONS. Vienna Convention on the Law of Treaties. 1969. Available at:

Accessed on: 20 Mar. 2026.


III. SIGNED BUT NOT RATIFIED TREATIES: GOOD FAITH OBLIGATIONS


The United States has signed, but not ratified:

American Convention on Human Rights

Convention on the Rights of the Child (CRC)
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

Under Article 18 of the Vienna Convention, a signatory State must:
“refrain from acts which would defeat the object and purpose of a treaty”

Thus, the United States has binding obligations of good faith conduct, even absent ratification.

ABNT Footnotes


ORGANIZATION OF AMERICAN STATES. American Convention on Human Rights. 1969. Available at:



Accessed on: 20 Mar. 2026.

UNITED NATIONS. Convention on the Rights of the Child. 1989. Available at:
Accessed on: 20 Mar. 2026.

UNITED NATIONS. Convention on the Elimination of All Forms of Discrimination Against Women. 1979. Available at:

Accessed on: 20 Mar. 2026.

IV. CUSTOMARY INTERNATIONAL LAW AND JUS COGENS NORMS


Certain human rights norms bind all States regardless of treaty ratification:

Prohibition of torture

Right to life

Fundamental due process

Freedom from arbitrary detention

These norms are recognized as:

Customary international law and, in many cases, jus cogens (peremptory norms)

ABNT Footnotes

UNITED NATIONS. Report of the International Law Commission: Jus Cogens. 
The International Law Commission was established by the General Assembly, in 1947, to undertake the mandate of the Assembly, under article 13 (1) (a) of the Charter of the United Nations to "initiate studies and make recommendations for the purpose of ... encouraging the progressive development of international law and its codification".

In accordance with resolution 80/164 of 15 December 2025, the International Law Commission is scheduled to hold its seventy-seventh session from 27 April to 5 June and 29 June to 30 July 2026 (11 weeks), at the United Nations Office at Geneva.

Available at:



Accessed on: 20 Mar. 2026

V. THE AMERICAN DECLARATION AND OAS OBLIGATIONS


As a member of the Organization of American States, the United States is bound by:

American Declaration of the Rights and Duties of Man (1948)

The Inter-American Commission has held that:

The American Declaration is a source of binding obligations for OAS member states.

ABNT Footnotes


ORGANIZATION OF AMERICAN STATES. American Declaration of the Rights and Duties of Man. 1948. Available at:


Accessed on: 20 Mar. 2026.

VI. GLOBAL AND REGIONAL HUMAN RIGHTS JURISPRUDENCE


1. Inter-American System


The Inter-American system establishes that States have:

Positive obligations to prevent violations
Duty to investigate and punish
Obligation to ensure effective remedies

Relevant case:

Velásquez Rodríguez v. Honduras (1988)

ABNT Footnotes

INTER-AMERICAN COURT OF HUMAN RIGHTS. Velásquez Rodríguez v. Honduras. Judgment of July 29, 1988. Available at:

Accessed on: 20 Mar. 2026.

2. United Nations Human Rights Bodies


The UN Human Rights Committee and Committee Against Torture have clarified:

Due process violations may constitute inhuman treatment
Procedural abuse can cause psychological harm
States must provide effective remedies

ABNT Footnotes

UNITED NATIONS HUMAN RIGHTS COMMITTEE. General Comment No. 32 – Right to a Fair Trial. Available at:


Accessed on: 20 Mar. 2026.

3. European Court of Human Rights (Comparative Authority)


The European Court has consistently held:

Excessive delays violate fair trial rights
Lack of access to counsel invalidates proceedings
Procedural abuse may violate human dignity

Relevant case:

Kudła v. Poland (2000)

26.10.2000

Press release issued by the Registrar

JUDGMENT IN THE CASE OF KUDŁA v. POLAND

(no. 30210/96)

In a judgment delivered at Strasbourg on 26 October 2000 in the case of Kudła v. Poland (no. 30210/96), the European Court of Human Rights held unanimously that there had been no violation of Article 3 (prohibition of torture or inhuman or degrading treatment or punishment) of the European Convention on Human Rights; that there had been a violation of Article 5 § 3 (right to trial within a reasonable time or release pending trial) and that there had been a violation of Article 6 § 1 (right to a hearing within a reasonable time). By 16 votes to 1 the Court held that there had also been a violation of Article 13 (right to an effective remedy) in that the applicant had had no domestic remedy to enforce his right to a hearing within a “reasonable time”. Under Article 41 (just satisfaction), the Court awarded the applicant 30,000 Polish zlotys (PLN) for non-pecuniary damage and PLN 20,000 for legal costs and expenses.

ABNT Footnotes
EUROPEAN COURT OF HUMAN RIGHTS. Kudła v. Poland. 2000. Available at:

Accessed on: 20 Mar. 2026.

4. United States Supreme Court (Comparative Integration)


Key precedents align with international standards:

Goldberg v. Kelly, 397 U.S. 254 (1970

ABNT Footnotes

UNITED STATES SUPREME COURT.  (1976). Available at:

Accessed on: 20 Mar. 2026.

UNITED STATES SUPREME COURT. Goldberg v. Kelly, 397 U.S. 254 (1970). Available at:

Accessed on: 20 Mar. 2026.

VII. SYNTHESIS: GLOBAL CONSENSUS


Across international systems, a unified principle emerges:

Procedural fairness, access to justice, and protection of human dignity are universal legal obligations.

This applies regardless of:

Formal treaty ratification

Domestic legal classification

Jurisdictional differences

VIII. PRACTICAL APPLICATION TO THE UNITED STATES


Even without full treaty incorporation:

International law serves as interpretive authority

Courts may consider global consensus

Litigants may invoke these norms to demonstrate:

Systemic due process violations

Institutional abuse

State responsibility for omissions

Particularly relevant in cases involving:

Guardianship systems

Elder care institutions

Family systems 

Foreclosure and deprivation of housing

IX. CONCLUSION


The United States operates within a multi-layered system of human rights accountability, composed of:

Binding treaty obligations

Customary international law

Regional commitments

Persuasive global jurisprudence

Accordingly:

Human dignity, due process, and access to justice are not optional principles—they are enforceable legal standards recognized across the international legal order.

NEXT STEP (if you want)

Posso agora:

Inserir decisões específicas sobre guardianship, elder abuse e foreclosure (EUA + internacional)

Incluir jurisprudência da Índia, Japão, África e ONU com o mesmo nível técnico

Ou integrar isso direto no seu artigo completo (com índice e capítulos numerados)

Just tell me.

READ 

OEA: Advisory Opinion No. 31 of 2025

1. THE INTER-AMERICAN COURT RECOGNIZES THE EXISTENCE OF AN AUTONOMOUS HUMAN RIGHT TO CARE 

OEA - Press Release 55/2025

San José, Costa Rica, August 7, 2025.

The Inter-American Court of Human Rights notified today its Advisory Opinion No. 31 of 2025 on the content and scope of the right to care and its interrelationship with other rights, adopted on June 12, 2025, in response to the consultation made by the Republic of Argentina in January 2023.

 This was the second advisory proceeding with the greatest participation in the history of the Court, with a total of 129 written observations submitted, and the first in which an International Court is consulted in relation to the right to care.

To access the full text of the Advisory Opinion, the official summary, an easy-to-read version, as well as the details of the request and the advisory proceeding, click here to access the microsite with this information, available in Spanish, English, and Portuguese.

---

The Court, in its Advisory Opinion No. 31, stated that care constitutes a basic, unavoidable, and universal necessity, on which both the existence of human life and the functioning of life in society depend. 

It also recognized that care is configured as the set of actions necessary to preserve human well-being, including assistance to those persons who are in a situation of dependency or who need support, on a temporary or permanent basis. 

Likewise, it stated that care is necessary to guarantee minimum conditions of attention for a dignified existence, especially in relation to persons in a situation of vulnerability, dependency, or limitation.

Taking this into consideration, the Court concluded that, based on a systematic, evolutive, and pro personae interpretation of various rights enshrined in the American Convention on Human Rights, there exists an autonomous right to care. It further emphasized that the right to care also derives from the rights recognized in the American Declaration and in the Charter of the Organization of American States. 

It stated that, therefore, it corresponds to the States to respect and guarantee this right, as well as to adopt legislative and other measures to achieve its full effectiveness.

The Court understood that the autonomous right to care comprises the right of every person to have the time, spaces, and resources necessary to provide, receive, or seek conditions that ensure their own integral well-being or that of others, and that allow them to freely develop their life plans, according to their capacities and stage of life. 

It stated that this right finds its foundation and scope in the principles of social and family co-responsibility, solidarity, and equality and non-discrimination. 

In addition, it established that the right to care has three basic dimensions: to be cared for, to care, and self-care.

The right to be cared for implies that all persons who have some degree of dependency have the right to receive quality, sufficient, and adequate care in order to live with dignity. Such care must guarantee physical, spiritual, mental, and cultural well-being.

The right to care consists of the right to provide care under dignified conditions, whether in an unpaid or paid manner. 

It implies that caregivers may carry out their activity without discrimination and with full respect for their human rights, guaranteeing their physical, mental, emotional, spiritual, and cultural well-being.

The right to self-care implies the right of the person who cares and of the person who is cared for to seek their own well-being and to attend to their physical, mental, emotional, spiritual, and cultural needs.

The Court also stated that the guarantee of the right to care and its content are closely related to other rights, due to the principles of interdependence and indivisibility of human rights, acquiring specific characteristics based on the demands and needs of groups in a situation of vulnerability.

When referring to the obligations of States in the sphere of the right to care in light of the right to equality and non-discrimination, the Court found that, due to negative gender stereotypes and sociocultural patterns of conduct, unpaid care work falls predominantly on women, who perform these tasks in a proportion three times greater than men. 

This unequal distribution constitutes an obstacle to the exercise of the rights to work, social security, and education of women, children, and adolescents under conditions of equality. 

The Court also stated that unpaid care represents a significant contribution to the gross domestic product of countries, a contribution which, with few exceptions, remains invisible. 

For this reason, it concluded that States must adopt measures to reverse the stereotypes that lead to such unequal distribution and to guarantee the exercise of the rights of women, children, and adolescents who devote themselves to unpaid care work under conditions of equality. 

The Court also indicated that, by virtue of the principle of co-responsibility, measures must be adopted so that both the State and society contribute jointly to the guarantee of the right to care.

Additionally, the Court verified that, in some cases, persons who require more intensive care face obstacles to the exercise of this right under conditions of equality and non-discrimination.

 Therefore, it spoke on the right of children and adolescents to receive care, stating that States must establish a legal framework aimed at guaranteeing access to care whenever this cannot be provided by their families. 

With regard to the right of older persons to receive care, it stated that States must adopt measures to guarantee access to and continuity in quality care services, considering their rights to autonomy, independence, security, and a life free from violence. 

As for the right to receive care of persons with disabilities, the Court declared that the guarantee of the right to care must start from their needs for “support” and not only for “attention,” and must be based on respect for their rights to autonomy, independence, security, and a life free from violence.

Finally, the Court spoke on the relationship between the right to care and economic, social, cultural, and environmental rights. In relation to the right to work, the Court stated that care activities constitute work protected by the American Convention. 

Consequently, it determined that States must progressively guarantee to paid care workers—such as those who work in daycare centers, schools, and medical centers—the same rights as any other worker.

 On the other hand, it indicated that persons who perform unpaid care—that is, those activities carried out without remuneration, generally in the domestic environment—must progressively enjoy a minimum set of social security guarantees aimed at ensuring their health, dignity, and self-care.

The composition of the Court when issuing the present Advisory Opinion was as follows: Judge Nancy Hernández López, President (Costa Rica); Judge Rodrigo Mudrovitsch, Vice President (Brazil); Judge Eduardo Ferrer Mac-Gregor Poisot (Mexico), Judge Ricardo C. Pérez Manrique (Uruguay), Judge Verónica Gómez (Argentina) and Judge Patricia Pérez Goldberg (Chile). Judge Humberto Antonio Sierra Porto did not participate in the deliberation of the present Advisory Opinion for reasons of force majeure.

Judge Patricia Pérez Goldberg made known her partially dissenting opinion.

Judge Nancy Hernández López, Judge Eduardo Ferrer Mac-Gregor Poisot, and Judge Verónica Gómez made known their concurring opinions. The texts of the opinions will be released soon.

The present release was drafted by the Secretariat of the Inter-American Court of Human Rights, being the exclusive responsibility of the same.

For more information, please go to the website of the Inter-American Court www.corteidh.or.cr or send an email to Pablo Saavedra Alessandri, Secretary, at corteidh@corteidh.or.cr. For the press office, contact Danniel Pinilla at prensa@corteidh.or.cr.

ENGLISH 

Advisory Opinion 31 of 2025:

THE CONTENT AND SCOPE OF CARE AS A HUMAN RIGHT AND ITS INTERRELATIONSHIP WITH OTHER RIGHTS


Written Observations

I. Written observations submitted by States

II. Written observations submitted by Organization organs of American States (OAS)

III. Written observations submitted byorgans of United Nations (UN)

IV. Written observations submitted by state organs

V. Written Observations submitted by non-governmental organizations

VI. Written Observations submitted by academic institutions

VII. Wirtten Observations submited by members or groups of civil society

PORTUGUÊS 


Parecer Consultivo 31 de 2025:

O CONTEÚDO E O ALCANCE DO DIREITO DE CUIDAR E SUA INTER-RELAÇÃO COM OUTROS DIREITOS

O CONTEÚDO E O ALCANCE DO DIREITO DE CUIDAR E SUA INTER-RELAÇÃO COM OUTROS DIREITOS

https://www.corteidh.or.cr/OC-31-2025/index-por.html

ESPAÑOL 

Opinión Consultiva 31 de 2025:

EL CONTENIDO Y ALCANCE DEL DERECHO AL CUIDADO Y SU INTERRELACIÓN CON OTROS DERECHOS



You may subscribe to the Court’s information services here. To stop receiving information from the IACtHR, send an email to prensa@corteidh.or.cr. 

You may also follow the activities of the Court on the following social networks: Facebook, X (@CorteIDH for the Spanish account, IACourtHR for the English account and @CorteDirHumanos for the Portuguese account), Instagram, Flickr, Vimeo, YouTube, LinkedIn, and SoundCloud.


REFERENCES


1. ABNT Footnotes (Verified Sources)


UNITED NATIONS. International Covenant on Civil and Political Rights. 1966. Available at:

https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights⁠

Accessed on: 20 Mar. 2026.


UNITED NATIONS. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. 1984. Available at:

https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-against-torture-and-other-cruel-inhuman-or-degrading⁠

Accessed on: 20 Mar. 2026.

UNITED NATIONS. International Convention on the Elimination of All Forms of Racial Discrimination. 1965. Available at:

https://www.ohchr.org/en/instruments-mechanisms/instruments/international-convention-elimination-all-forms-racial

Accessed on: 20 Mar. 2026.


UNITED NATIONS. Vienna Convention on the Law of Treaties. 1969. Available at:

https://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf⁠

Accessed on: 20 Mar. 2026.


2. BRAZILIAN FEDERAL JUDGE & LAWYER' S OPINION

The Inter-American Court of Human Rights (IACHR) recognizes care as a human right.

By Inês Virgínia Soares and Melina Fachin

December 8, 2025, 6:39 AM

SOURCE : CONJUR 

International

In early August, the Inter-American Court of Human Rights (IACHR) published Advisory Opinion OC-31/25, in which it recognizes care as a human right, establishing a legal framework for the region and redefining public policy and social protection priorities for countries that are members of the Organization of American States (OAS), including Brazil.
elderly caregiver


The decision was a response to a query from Argentina and took a historic step by recognizing care as an autonomous human right, protected by the American Convention on Human Rights. The IACHR defined that this right has three essential dimensions — being cared for, caring, and self-care — and that states have an obligation to respect, protect, and promote it through appropriate public policies and legal frameworks.
Conflict between federal regulations is hindering the port sector, says association representative.

The Court emphasized that the support network for care is indispensable for human dignity and for the exercise of other fundamental rights, such as health, work, education, and social security. Recognizing its normative autonomy aims to overcome the fragmented way in which the issue has been treated, addressing in a comprehensive manner the needs of both those who receive and those who provide care.


The incorporation of care as a human right demands, from the very beginning, the recognition of the profound racial mark that structures both caregivers and those who are cared for in Brazil. Even before discussing the legal framework established by Constitutional Amendment 31/25, it is necessary to affirm that the social division of care in the country is permeated by historically produced racial inequalities: Black women not only comprise the majority of the paid care workforce, but also disproportionately accumulate unpaid tasks within the domestic sphere. Without this recognition, the discussion about the right to care risks remaining abstract and detached from the colonial hierarchies that organize Brazilian daily life.

Gender and racial inequality

In Brazil, however, this gender inequality is intertwined with racial inequality: while women, in general, perform three times more care work than men, Black women experience the most intense, precarious, and invisible form of this social division of labor.


In line with the Brazilian reality, one of the central aspects of the Inter-American Court's decision in the aforementioned Advisory Opinion was addressing gender inequality in the distribution of caregiving responsibilities. The IACHR highlighted that care work, especially unpaid care work, falls disproportionately on women—on average, three times more than on men—and that this overload perpetuates historical inequalities, limiting women's participation in the labor market and public life. To reverse this scenario, it determined that States adopt structural measures, such as equitable parental leave, public care services, flexible working hours, and campaigns that promote cultural change and shared responsibility between men and women.


Spacca


OC-31 reinforces that a care policy should be guided by principles of equality, solidarity, social and family co-responsibility, and promote the autonomy of the person being cared for, aligning with the parameters of the Inter-American System.

National Care Policy

In Brazil, OC 31 is directly connected to the National Care Policy (PNC), established by Law 15.069, enacted in December 2024. This law stipulates that the PNC will be implemented in a cross-cutting and intersectoral manner through the National Care Plan, indicating as priority targets of this policy: children and adolescents, elderly people and people with disabilities who need assistance, support or help to perform basic and instrumental activities of daily living, and paid and unpaid care workers.
Incorporating the IACHR's understanding into the Brazilian legal system could strengthen the legal basis of the very recent National Care Policy, as well as require the revision of labor and social security regulations to recognize and expand social and infrastructure programs focused on care and protect the work of unpaid caregivers — including the possibility of counting care work time for retirement purposes or for reducing the sentence of mothers who breastfeed in prison or who are under house arrest because they have minor children.


OC 31 should influence judicial decisions, which may use its content as a reference in the interpretation of social and economic rights and in the promotion of gender equality. The lens of care in judging cases that address issues such as maternity and the sexual and reproductive rights of women experiencing homelessness or victims of violence, the right to housing, environmental racism, girls and the right to childhood without labor, the transmission of traditional knowledge, the valuing of collective memory, taxation, the right to income and informality, religious freedom and child custody, maternity of migrant women, among others, has a transformative power in society, in addition to reinforcing the importance of applying the Judgment Protocols from a gender perspective and from a racial perspective, both established by the CNJ (National Council of Justice) and mandatory.

Special care for black women

The combined vulnerabilities of women caregivers—their intersectionalities—require the implementation of public policies that strengthen the right to care, especially for Black and poor women, whose fate is shaped from a very young age.


The challenge lies in the paradigm shift that allows us to speak of a care society instead of continuing to address care from an intersectional perspective, where gender and race markers are watertight and stubbornly portray a reality that continues to reproduce inequalities.

Therefore, the racial and gender lens in judgments is not an optional addendum: it is the axis through which the Judiciary must reinterpret cases that, historically, have been judged from a supposed neutrality that masked inequalities. A hermeneutics of care needs to recognize that Black women are more exposed to obstetric violence, barriers to accessing reproductive health, informality, multiple work shifts, and time poverty—all aggravated by racist structures that permeate the Brazilian State.
Recognizing care as a human right in Brazil means acknowledging that the country's social reproduction has always been sustained by the hands, bodies, and time of Black women. Any public policy or judgment that ignores this fact incurs a racial blindness that neutralizes the transformative power of OC-31.


The state's duty to treat care as a human right definitively removes from invisibility activities that are part of women's daily lives. "What they call love, we call work," a famous phrase by Silvia Federici, becomes a political and legal call for the protection of women: it is the state's duty to create the conditions so that care is a free, shared, and valued choice, and not a silent imposition that perpetuates inequalities.

Inês Virgínia Soares


She is a federal judge at the TRF of the 3rd Region (São Paulo). She holds a doctorate in law from PUC-SP, with a post-doctorate from the Center for Violence Studies at the University of São Paulo (NEV-USP). She is a specialist in sanitary law from UnB (University of Brasília). Author of the book "Right to (of) Brazilian Cultural Heritage" (Ed. Forum).

Melina Fachin


She is a lawyer, holds a doctorate in Law, and is the director of the Law School at UFPR (Federal University of Paraná).

Tags: Cidh Human rights National Care Policy violence against women 
E-mailWhatsAppFacebookLinkedInTwittershare

Found an error? Let our team know!

Read also

[Opinion

'Pena Justa' advocates for better infrastructure in the prison system.](https://www.conjur.com.br/2025-dez-04/plano-pena-justa-atua-por-melhor-infraestrutura-do-sistema-carcerario/)

[Opinion

Impossibility of coercively bringing the victim to justice: new paradigms](https://www.conjur.com.br/2025-dez-03/impossibilidade-de-conducao-coercitiva-da-vitima-novos-paradigmas/)

[Opinion

Increasingly complex, family law cases require a structural shift.](https://www.conjur.com.br/2025-nov-27/cada-vez-mais-complexas-acoes-de-familia-exigem-virada-estrutural/)

[Opinion

Mass incarceration through the lens of gender and race.](https://www.conjur.com.br/2025-nov-19/encarceramento-em-massa-sob-a-lente-de-genero-e-raca/)