The use of the best interest of the child by the Supreme Court in cases of high-cost medication distribution

Abstract

Since 2018, Chile’s Supreme Court has consolidated a jurisprudential line ensuring access to high-cost medications, particularly in cases involving children and adolescents. Using the best interests of the child (BIC) argument, the Court has redefined the fundamental right to life, integrating not only biological survival but also the quality of life for children and adolescents. The study analyzes 47 out of 142 cases (2018-2024) where BIC supported judicial decisions, aligning with international trends promoting child welfare according to their progressive autonomy. The research identifies three main issues: the inability to justify administrative denials based on budgetary reasons, questioning medication certification processes, and lack of technical rigor in some rulings. The Court prioritizes children and adolescents’ rights, dismissing economic considerations and recognizing BIC as a substantive right in healthcare contexts. It concludes that this jurisprudence reinforces an expanded notion of the right to life, focused on quality of life and well-being during children and adolescents’ «survival period», while posing interpretative and practical challenges for managing healthcare resources.