Health: A Fundamental Liberty Based on an Internationally Recognized Human Right with Domestic Civil Rights Implications
The Journal of Race, Gender, and Poverty, pp. 1-29, 2009
29 Pages Posted: 15 Oct 2011
Date Written: January 15, 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.
Keywords: Universal Health Care, Constittutional Law, Equal Protection, Fundamental Liberties
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