 Consider the claim that it is a matter for the courts to decide what should be included in a right to health or health care. In some countries, such a right is embodied in the constitution of the country. In Colombia, for example, the public has been encouraged to file law suits, called tutelas, some of which are aimed at compelling insurance schemes to cover services that should be covered (by law) in the benefit package and some of which aim to expand coverage for the plaintiff to include a service not part of the defined benefit package. Further, all signatories to international treaties that recognize a human right to health are legally bound to recognize that right, and arguably, their courts should play a role in doing so. We might distinguish two roles of the courts. One uncontroversial role would be to insist that the delegated authorities (the ministry of health) specify the criteria and the process used to define the benefit package, and then exercise judicial review of whether specific decisions are made through that process that use those criteria. A more controversial role would be for the courts to try to determine more directly what should be included in a right to health. To perform the latter task, the courts would need to know many things about the capability of the health system to sustainably deliver a particular service in light of competing claims on services, that is on resources. If the courts are not in a position to play that role, then they should restrict their task to making sure that the ministry of health performs that task according to an acceptable process.