Health care and human rights: against the split duty gambit

Theoretical Medicine and Bioethics 37 (4):343-364 (2016)
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Abstract

There are various grounds on which one may wish to distinguish a right to health care from a right to health. In this article, I review some old grounds before introducing some new grounds. But my central task is to argue that separating a right to health care from a right to health has objectionable consequences. I offer two main objections. The domestic objection is that separating the two rights prevents the state from fulfilling its duty to maximise the health it provides each citizen from its fixed health budget. The international objection is that separating a human right to health care fails the moral requirement that, for any given moral human right, the substance to which any two right-holders are entitled be of an equal standard.

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Gopal Sreenivasan
Duke University

Citations of this work

The Human Right to Health: A Defense.Nicole Hassoun - 2019 - Journal of Social Philosophy 51 (2):158-179.
Is health care a human right?Daniel Brudney - 2016 - Theoretical Medicine and Bioethics 37 (4):249-257.
Asylum, Refuge, and Justice in Health.Christine Straehle - 2019 - Hastings Center Report 49 (3):13-17.

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References found in this work

The right to a decent minimum of health care.Allen E. Buchanan - 1984 - Philosophy and Public Affairs 13 (1):55-78.
Public Health and Public Goods.Jonny Anomaly - 2011 - Public Health Ethics 4 (3):251-259.
A hybrid theory of claim-rights.Gopal Sreenivasan - 2005 - Oxford Journal of Legal Studies 25 (2):257-274.
A Human Right to Health? Some Inconclusive Scepticism.Gopal Sreenivasan - 2012 - Aristotelian Society Supplementary Volume 86 (1):239-265.
Human Rights: Moral or Political?Adam Etinson - 2018 - Oxford, United Kingdom: Oxford University Press.

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