PHLB09H3 Chapter Notes -Equal Protection Clause, Special Rights, Managed Care
Document Summary
The right to a decent minimum of health care by buchanan. The assumption that there is a right to a decent minimum. Right to minimal level of health =/= right to everything b/c of resource constraints. Concept of right: a is entitled to x, may be backed by sanctions, universal applies to all, enforceability for coercive policies for universal right. Infringing a"s right to maximize overall/a"s utility not sufficient reason. The attractions of the idea of a decent minimum. Allows to adjust level of services provided as matter of right to relevant social conditions and possibility that as society becomes more affluent, decent minimum is raised. Avoids excess of strong equal access principle everyone has equal right to best health care services available. Concept of right to decent minimum of health care inadequate as moral basis for coercive backed decent minimum policy without coherent and defensible theory of justice.
