Abstract

http://ssrn.com/abstract=1944312
 


 



Health: A Fundamental Liberty Based on an Internationally Recognized Human Right with Domestic Civil Rights Implications


Brenda Reddix-Smalls


North Carolina Central University (NCCU) - School of Law

January 15, 2009

The Journal of Race, Gender, and Poverty, pp. 1-29, 2009

Abstract:     
The question posed to policy makers is: whether universal health care is a right or a privilege. The answer can be articulated as an affirmative rejection of the theory that health care is a right. First, health is an internationally recognized human right, and second, health should be considered a fundamental domestic liberty. Like travel, marriage, and voting rights enunciated by the United States Supreme Court from a contextual interpretation of the United States Constitution, health is a fundamental liberty based on an inherent human right. Health care, however, is a mixed public good. When subjected to an equal protection analysis, health care raises serious civil rights implications for the distribution of this good in the United States.

Number of Pages in PDF File: 29

Keywords: Universal Health Care, Constittutional Law, Equal Protection, Fundamental Liberties

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Date posted: October 15, 2011  

Suggested Citation

Reddix-Smalls, Brenda, Health: A Fundamental Liberty Based on an Internationally Recognized Human Right with Domestic Civil Rights Implications (January 15, 2009). The Journal of Race, Gender, and Poverty, pp. 1-29, 2009. Available at SSRN: http://ssrn.com/abstract=1944312

Contact Information

Brenda Reddix-Smalls (Contact Author)
North Carolina Central University (NCCU) - School of Law ( email )
1512 S. Alston Ave.
Durham, NC 27707
United States
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