Public Health Ethics 13 (1):99-110 (2020)

Authors
Michael Da Da Silva
University of Toronto
Abstract
Research on how to understand legally recognized socio-economic rights produced many insights into the nature of rights. Legally recognized rights to health and, by extension, health care could contribute to health justice. Yet a tension remains between widespread international and transnational constitutional recognition of rights to health and health care and compelling normative conditions for rights recognition from both philosophers seeking to identify the scope and structure of the rights and policy scholars seeking to understand how to practically realize such rights. This work identifies an overlooked source of these difficulties: the right to health care and other health rights are necessarily ‘complex’, consisting of multiple related, but irreducible, morally valuable components. ‘Complex rights’ do not fit the traditional structure of human rights, so legal recognition of same can appear confused from a philosophical perspective, but there is ample reason to admit complex rights into our moral ontology and doing so can help bridge the divide between global health practices and ongoing work in the philosophy of rights and public policy. Recognition of complex rights admittedly shifts the burden for justifying health rights, but it does so in a way that is instructive for general philosophical analysis of socio-economic rights.
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DOI 10.1093/phe/phaa001
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References found in this work BETA

The Idea of Justice.Amartya Sen - 2009 - Belknap Press of Harvard University Press.
Just Health: Meeting Health Needs Fairly.Norman Daniels - 2007 - Cambridge University Press.
The Idea of Human Rights.Charles R. Beitz - 2009 - Oxford University Press.
Just Health Care.Norman Daniels - 1985 - Cambridge University Press.

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