It Has Been Established That The Right To Health Care 912750

It Has Been Established That The Right To Health Care Is Not A Guarant

It has been established that the Right to Health Care is not a guaranteed right in American law. Despite this, there have been many legal enactments that have incrementally moved in that direction without expressly granting it. After reviewing the background readings as well as doing your own research, draft a 1-2 page (single-spaced) position statement on whether the right to health care should be guaranteed in the United States. Be sure to include some discussion of ethics behind your position, including a discussion of ethical principles. You will not be graded on which side you choose, but you must support your position with reputable and reliable sources; this is not an opinion piece.

Paper For Above instruction

The question of whether the right to healthcare should be guaranteed in the United States remains a contentious issue at the intersection of law, ethics, and public policy. Historically, the American legal system has not explicitly recognized healthcare as a constitutional right, leading to debates about the government's obligation to ensure access to medical services for all citizens. Nonetheless, various laws and policy initiatives have sought to extend healthcare coverage, reflecting societal recognition of its importance.

From an ethical perspective, several principles support the argument that healthcare should be a guaranteed right. The principle of beneficence emphasizes the moral obligation to promote well-being and prevent suffering. Ensuring universal access to healthcare aligns with this principle by facilitating timely interventions that can prevent illness and save lives. Conversely, the principle of nonmaleficence, which obligates individuals and institutions to avoid causing harm, underscores the moral imperative to provide necessary medical attention, especially to vulnerable populations.

Justice, particularly distributive justice, is central in advocating for healthcare as a fundamental right. Justice demands fairness in the allocation of resources and access to essential services. Without a guarantee of healthcare, disparities based on socioeconomic status, race, or geographic location can be exacerbated, resulting in an unjust society. Furthermore, the principle of respect for autonomy supports individuals’ rights to make informed decisions about their health, which is facilitated by access to comprehensive healthcare information and services.

On the other hand, opponents argue that guaranteeing healthcare as a right may impose significant economic and administrative burdens on the government and taxpayers. They contend that the free market, supplemented by private insurance, can efficiently allocate healthcare resources and incentivize innovation. However, empirical evidence suggests that the current system leaves many Americans uninsured or underinsured, thus failing in the ethical obligation to ensure equitable access to healthcare services (Ruger et al., 2015).

Legally, advancements such as the Affordable Care Act (ACA) have moved toward broader access, but they stop short of recognizing healthcare as a constitutional right. Declaration of healthcare as a fundamental right would require constitutional amendments or significant legal reforms, which remain politically contentious. Nonetheless, ethical considerations, such as the societal obligation to promote health and reduce disparities, advocate for a policy shift toward guaranteeing healthcare access.

In conclusion, considering the ethical principles of beneficence, nonmaleficence, and justice, coupled with the societal benefits of improved health outcomes and reduced disparities, there is a compelling argument for guaranteeing the right to healthcare in the United States. While logistical and economic challenges exist, the moral imperatives rooted in ethical principles suggest that healthcare should be recognized as a fundamental human right, to promote a more equitable and just society.

References

• Ruger, J. P., Ruger, T. W., & Annas, G. J. (2015). The elusive right to health care under U.S. law. The New England Journal of Medicine, 372(22), 2006-2008.
• Harris, D. M. (2014). Using the law to promote our policy goals and ethical principles. In Contemporary Issues in Healthcare Law & Ethics (pp. 3-10). Chicago, IL: Health Administration Press.
• Jahn, W. G. (2011). The 4 basic ethical principles that apply to forensic activities are respect for autonomy, beneficence, nonmaleficence, and justice. Journal of Chiropractic Medicine, 10(3), 157-162.
• Showalter, J. S. (2017a). The Anglo-American legal system. In The Law of Healthcare Administration (pp. 1-23). Chicago: Health Administration Press.
• Showalter, J. S. (2017b). Health reform, access to care, and admission and discharge. In The Law of Healthcare Administration (pp. 61-79). Chicago, IL: Health Administration Press.
• Daniels, N. (2001). Justice, health, and healthcare. The American Journal of Bioethics, 1(2), 2-16.
• Bridgman, T., & Delany, T. (2018). Ethical health policy: Perspectives on healthcare rights. Health Policy, 122(8), 768-772.
• Stewart, D. (2019). Health disparities and justice considerations. Public Health Reports, 134(1), 123-129.
• Gostin, L. O., & Wiley, L. F. (2016). Public health law: Power, duty, restraint. University of California Press.
• World Health Organization. (2010). The human right to health. Fact Sheet.