The Right to Health Care as a Right to Basic Human Functional Capabilities

Ethical Theory and Moral Practice 15 (3):337 - 351 (2012)
Abstract
A just social arrangement must guarantee a right to health care for all. This right should be understood as a positive right to basic human functional capabilities. The present article aims to delineate the right to health care as part of an account of distributive justice in health care in terms of the sufficiency of basic human functional capabilities. According to the proposed account, every individual currently living beneath the sufficiency threshold or in jeopardy of falling beneath the threshold has a legitimate claim to justice. People's entitlements to health care should not be determined on the basis of brute luck and their efforts to maintain healthy lifestyles. The prioritization of competing claim-rights of individuals is guided by two allocation principles: number and benefit-size weighted sufficiency (among people beneath the threshold) and need-weighted utilitarianism (among people above the threshold)
Keywords Right to health care  Sufficiency  Capabilities  Patients’ prioritization
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References found in this work BETA
The Idea of Justice.Amartya Sen - 2009 - Belknap Press of Harvard University Press.
Commodities and Capabilities.Amartya Sen - 1999 - Oxford University Press India.
Health, Luck, and Justice.Shlomi Segall - 2009 - Princeton University Press.

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Citations of this work BETA
Human Rights in Bioethics–Theoretical and Applied.John-Stewart Gordon - 2012 - Ethical Theory and Moral Practice 15 (3):283 - 294.
The Human Right to Health.Nicole Hassoun - 2015 - Philosophy Compass 10 (4):275-283.

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