Journal of Law, Medicine and Ethics 40 (2):268-285 (2012)

Authors
Pavlos Eleftheriadis
Oxford University
Abstract
What does it mean to say that there is a right to health care? Health care is part of a cooperative project that organizes finite resources. How are these resources to be distributed? This essay discusses three rival theories. The first two, a utilitarian theory and an interst theory, are both instrumental, in that they collapse rights to good states of affairs. A third theory, offered by Thomas Pogge, locates the question within an institutional legal context and distinguishes between a right to health care that results in claimable duties and other dimensions of health policy that do not. Pogge's argument relies on a list of “basic needs,” which itself, however, relies on some kind of instrumental reasoning. The essay offers a reconstruction of Pogge's argument to bring it in line with a political conception of a right to health care. Health is a matter of equal liberty and equal citizenship, given our common human vulnerability. If we are to live as equal members in a political community, then our institutions need to create processes by which we are protected from the kinds of suffering that would make it impossible for us to live as equal members
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DOI 10.1111/j.1748-720X.2012.00663.x
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References found in this work BETA

The Morality of Freedom.Joseph Raz - 1986 - Oxford University Press.
World Poverty and Human Rights.Thomas Pogge - 2002 - Ethics and International Affairs 19 (1):1-7.
Famine, Affluence, and Morality.Peter Singer - 1972 - Philosophy and Public Affairs 1 (3):229-243.

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Citations of this work BETA

Review Article: The Moral Right to Health: A Survey of Available Conceptions.Benedict E. Rumbold - 2017 - Critical Review of International Social and Political Philosophy 20 (4):508-528.
Review Article: The Moral Right to Health: A Survey of Available Conceptions.Benedict E. Rumbold - 2015 - Critical Review of International Social and Political Philosophy:1-21.
Health as a Basic Human Need: Would This Be Enough?Thana Cristina de Campos - 2012 - Journal of Law, Medicine and Ethics 40 (2):251-267.
Health as a Basic Human Need: Would This Be Enough?Thana Cristina de Campos - 2012 - Journal of Law, Medicine and Ethics 40 (2):251-267.

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