Foundation for a Natural Right to Health Care

Journal of Medicine and Philosophy, 0: 1–21, 2011, doi:10.1093/jmp/jhr047

29 Pages Posted: 4 Dec 2012 Last revised: 14 Aug 2013

See all articles by Jason T. Eberl

Jason T. Eberl

Marian University College of Osteopathic Medicine; Indiana University Center for Bioethics

Eleanor D. Kinney

Indiana University Robert H. McKinney School of Law

Matthew Williams

Indiana University Purdue University Indianapolis (IUPUI) - Richard M. Fairbanks School of Public Health

Date Written: 2011

Abstract

Discussions concerning whether there is a natural right to health care may occur in various forms, resulting in policy recommendations for how to implement any such right in a given society. But health care policies may be judged by international standards including the United Nations’ Universal Declaration of Human Rights (UDHR). The rights enumerated in the UDHR are grounded in traditions of moral theory, a philosophical analysis of which is necessary in order to adjudicate the value of specific policies designed to enshrine rights such as a right to health care. We begin with an overview of the drafting of the UDHR and highlight the primary influence of natural law theory in validating the rights contained therein. We then provide an explication of natural law theory by reference to the writings of Thomas Aquinas, as well as elucidate the complementary “capabilities approach” of Martha Nussbaum. We conclude that a right to health care ought to be guaranteed by the state.

Keywords: natural law, Thomas Aquinas, Martha Nussbaum, right to health care

Suggested Citation

Eberl, Jason T. and Kinney, Eleanor D. and Williams, Matthew, Foundation for a Natural Right to Health Care (2011). Journal of Medicine and Philosophy, 0: 1–21, 2011, doi:10.1093/jmp/jhr047, Available at SSRN: https://ssrn.com/abstract=2121514

Jason T. Eberl (Contact Author)

Marian University College of Osteopathic Medicine ( email )

3200 Cold Spring Rd
Evans Center 311C
Indianapolis, IN 46222
United States
(317) 955-6601 (Phone)

Indiana University Center for Bioethics ( email )

Indianapolis, IN
United States

Eleanor D. Kinney

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States
2741912 (Phone)

HOME PAGE: http://indylaw.indiana.edu/people/profile.cfm?Id=17

Matthew Williams

Indiana University Purdue University Indianapolis (IUPUI) - Richard M. Fairbanks School of Public Health

IN
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
69
Abstract Views
597
Rank
599,109
PlumX Metrics