Health: A Fundamental Liberty Based on an Internationally Recognized Human Right with Domestic Civil Rights Implications
North Carolina Central University (NCCU) - School of Law
January 15, 2009
The Journal of Race, Gender, and Poverty, pp. 1-29, 2009
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 LibertiesAccepted Paper Series
Date posted: October 15, 2011
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