Health in the Name of Justice: Does Justice Require a Right to Health
Upholding and seeking justice in society has been important for philosophers and religious thinkers throughout the ages. Debates of different conceptions of justice have ranged from Plato’s conception of the just individual, to Aristotle’s just community where individuals receive what is owed to them according to their merit, to Kant’s claim that justice concerns the “… exercise of will among people; and it is concerned with the possibility and freedom of the exercise of will …” (Hudson, 2003, p. 11). Interpretations of justice and the value of justice in society vary. Fundamentally, however, theories of justice are concerned with answering the question, what do we as a society owe each other by determining the set of rights that are inalienable and vital for a just society to protect. Theories of justice hope to inform us of the rights that are essential for society to defend and uphold. The ever increasing amount of medical knowledge and sophisticated medical treatments now available raise questions of social justice in health and has prompted many to argue whether or not there is a right to health. As Charles Fried (1976) explained over thirty years ago, extending certain medical treatments to the poor seemed possible and inevitable during a period when certain medical advances in treating illness and disease, such as the introduction of antibiotics and vaccines, made a huge difference to the health of the population. He claims that in this “ ‘Golden Age’ we could unambiguously afford a notion of a general right to medical care because there were a number of clear successes available to medicine, and these successes were not unduly costly” (p. 29-30). However, as Fried recognised in the 1970s, and is even truer today with the costs associated with chronic illnesses, extending universal medical care to all in society in cases where treatment is expensive and marginally beneficial is problematic at best.
In the name of public health--Nazi racial hygiene.
The history of Nazi racial-hygiene policies and eugenics reminds us of the importance of guarding against the use of genetics for the purpose of discrimination. Dr. Susan Bachrach relates this history.
Judicial Review, Socio-Economic Rights and the Human Rights Act
INTRODUCTION 1 THE ROLE OF COURTS IN THE PROTECTION OF SOCIO-ECONOMIC RIGHTS: INTERNATIONAL AND DOMESTIC PERSPECTIVES I. The Indivisibility of Human Rights II. The Protection of Socio-economic Rights in Domestic Courts III. Conclusion 2 THE REGIONAL PROTECTION OF SOCIO-ECONOMIC RIGHTS: EUROPE I. Introduction II. The European Convention on Human Rights (ECHR) 1950 III. The Protection of Socio-economic Rights in the ECHR IV. The Protection of Socio-economic Rights in EC/EU Law V. Conclusion 3 COURTS, THE UK CONSTITUTION AND THE HUMAN RIGHTS ACT 1998 I. Introduction II. Reading and Giving Effect to ECHR Rights in UK Courts III. Conclusion 4 JUDICIAL REVIEW: DEFERENCE, RESOURCES AND THE HUMAN RIGHTS ACT I. Introduction II. The Constitutional Foundations of Judicial Review III. Public Law, Deference and the Human Rights Act IV. Conclusion 5 FROM NEED TO 'CHOICE' IN PUBLIC SERVICES: THE BOUNDARIES OF JUDICIAL INTERVENTION IN PRIORITISATION DISPUTES I. Introduction II. NHS Rationing: The Role of Courts in Disputes over Access to Medical Services III. Local Authority Resource Allocation Disputes IV. Interpreting Local Authority Statutory Duties Post-HRA V. Conclusion 6 ARTICLES 3 AND 8 ECHR: FAILURE TO PROVIDE AND POSITIVE OBLIGATIONS IN THE SOCIO-ECONOMIC SPHERE I. Introduction II. Anufrijeva, Article 8 ECHR and Maladministration in the Provision of Welfare III. Article 3 ECHR: Respect for Dignity IV. Conclusion 7 ARTICLE 14 ECHR AND THE UNEQUAL DISTRIBUTION OF PUBLIC GOODS AND SERVICES IN THE UNITED KINGDOM I. Introduction II. Socio-economic Entitlements and the Limits of Substantive Fairness in Article 14 ECHR III. Carson's Case: Refusal of Up-rated Payments to Pensioners Abroad 283 IV. Reynolds' Case: The Intensity of Scrutiny in Other 'Status Disputes' V. Equality and Human Rights VI. Conclusion 8 ARTICLE 6 ECHR: JUDICIAL REVIEW, DUE PROCESS AND THE PROTECTION OF SOCIO-ECONOMIC RIGHTS I. Introduction II. What is a Civil Right for the Purposes of Article 6 ECHR? III. The Quality of Administrative Justice: The Scope of Article IV. Conclusion