概括
从道德权利确定获得医疗保健的合法权利是复杂的. 法律权利需要不仅仅是道德要求,在医疗保健政策和宪法法中面临重大障碍.
科学领域:
- 生物伦理学生物伦理学
- 卫生法 法律 卫生法
- 政治哲学 政治的哲学
背景情况:
- 常见的假设是,对某种商品的道德权利,比如医疗保健,直接转化为法律权利.
- 这种观点表明,如果存在对医疗保健的道德权利,各国应该在法律上承认医疗保健.
研究的目的:
- 批判性地检查建立对医疗保健的合法权利的理由过程.
- 证明从道德权利过渡到法律权利,特别是宪法权利,比人们普遍认为的更具挑战性.
主要方法:
- 权利理论的哲学分析.
- 检查权利承认的法律和宪法框架.
- 评估对志向和法定权利的影响.
主要成果:
- 仅仅存在一种道德权利是不够的,以证明一个可诉的宪法权利的医疗保健.
- 在医疗保健的背景下,承认宪法权利的具体条件很少得到满足.
- 追求基于道德要求的志向或法定权利会带来经验和理由的挑战.
结论:
- 从获得医疗保健的道德权利到获得法律权利的道路并不简单.
- 实现社会经济权利的替代策略,例如获得医疗保健的道德权利,需要进一步调查.
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