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A legal consideration of distributive justice and rights to health in the COVID-19 era

보건교육건강증진학회지 2020년 37권 3호 p.101 ~ 114
정민수,
소속 상세정보
정민수 ( Jung Min-Soo ) - Dongduk Women’s University Department of Health Science

Abstract


Objectives: This study examined the theory of distributive justice and discussed its implications in terms of health rights.
Methods: This study reviewed current distributional theories in terms of liberal distributive justice.

Results: As a criterion for distribution, merit is appropriate in the sense that individual choice, effort, or ability can result in legitimate inequality, and merit-based distribution of the results can account for individuals with merit. Based on the difference principle enunciated by Rawls, the distribution occurs first in order to resolve unfair inequalities.
According to the priority theory, distributions are intended for those who are poorer. According to the theory of hypothetical insurance by Dworkin, the distributions move according to need based on sufficientarianism, to ensure basic living standards to compensate for inherent disabilities and allow people to pursue their own preferences.

Conclusion: Because of a diverse range of social aspects in reality, a just and perfect distribution theory is impossible. Nonetheless, we can gauge feasibility of each method by coherently examining the method of distribution combined with the objects of distribution.

키워드

distributive justice; rights to health; COVID-19

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