Healthcare as a Right: A Philosophical and Economic Analysis

In the modern era, the concept of healthcare as a right has gained significant traction. However, the assumption that others must provide healthcare for it to be a right is a flawed and outdated notion. Drawing from philosophical and economic theories, this article explores the legitimacy and implementation of healthcare as a right, emphasizing the importance of individual responsibility and natural human rights.

Individual Rights vs. Collective Obligations

Theories of human rights and social contract have evolved over time, shifting from the collective to the individual. Historically, groups were considered the unit for societal decision-making. However, as individual rights took precedence, the focus shifted to recognizing individuals as the fundamental unit in determining rights and obligations.

Understanding Rights as Negative Freedoms

Rights, when properly understood, serve as negative freedoms. A right to life means the freedom to protect oneself, a right to liberty means freedom from forced compliance, and a right to the pursuit of happiness means the freedom to pursue happiness without interference. These rights imply that the government exists to protect and uphold these freedoms, rather than to mandate services.

The Regulatory and Legislative Implications

For example, the FDA and DEA are often cited as mechanisms to ensure public health and safety. However, these regulatory bodies can be seen as violations of the natural human right to healthcare. Under a rights-based approach, the primary obligation is to ensure that individual rights are not impeded through regulations or legislation. This means that anything that prevents or hinders individuals from providing for themselves, such as the FDA's stringent regulations, can be challenged as an infringement on individual rights.

Healthcare and the Social Contract

The social contract theory, rooted in the work of John Locke, posits that societal systems are formed to protect individuals. Locke argued that in a state of nature, individuals had the natural right to provide for their basic needs, including food, shelter, and security. The social contract, therefore, should not deprive individuals of these basic rights.

Homelessness and the Right to Shelter

Homeless individuals often struggle to access basic resources despite existing in a state of nature where they could theoretically find shelter and sustenance. The real issue lies in the social system's failure to provide these guarantees. Locke’s point was that a social system, to be just, must protect individuals from being impoverished below the baseline position where they began. If a social system cannot provide these basic guarantees, it fails in its duty, and no individual within it can be said to justly owe or own anything.

The Case Against Market-Based Healthcare

Healthcare is unique among other goods in that it does not function well within a free market system. The stakes of declining healthcare are far too high; the potential consequences can be life-threatening or debilitating. This makes it impossible to make meaningful negotiations based on economic terms. Therefore, healthcare should not be treated as a commodity to be freely traded, but rather as a fundamental right that should be guaranteed by society.

Protecting the Basic Ability to Live

Our social systems are formed to protect us from pain, injury, and death. This is the very exchange we make by choosing to be part of the polis. Even philosopher Plato recognized the importance of basic survival as a fundamental aspect of society. By forming social contracts, we agree to certain obligations and sacrifices, but these must not deprive us of the basic necessities of life.

Conclusion

In conclusion, healthcare should be viewed as a fundamental right grounded in individual autonomy and natural human rights. The government's role is to protect these rights rather than to mandate healthcare through regulations that infringe on individual freedoms. By understanding and implementing healthcare as a right, we can create a more just and equitable society that prioritizes the well-being and autonomy of its citizens.