A colleague writes about the right to health care

by rcentor on May 10, 2007

Dr. Tom Huddle is a colleague in every sense of the word. We have worked together for 14 years. More important we discuss ideas. We have written 2 papers together, and probably will write more in the future. We read each others papers and candidly criticize them.

Last week he participated in a debate on the issue of the right to health care. My other colleagues told me that he did a wonderful job. I asked him to write a few paragraphs discussing why health care is not a right. His contribution follows:

Why access to health care is not a basic human right

We would all like to improve access to health care in this country; and one of the most powerful arguments for doing so is the claim that such access is a basic right which our nation has failed to grant to its citizens. We have a tradition of respect for “negative” rights—the traditional freedoms from interference that are enshrined in our founding documents. Ought we not to similarly guarantee the “positive” rights—to economic goods and services such as food, shelter, and health care—necessary for the enjoyment of the negative rights? Positive rights seem to be prerequisites for the enjoyment of negative rights such as freedom of speech and religion and security of property; and government action is necessary to secure both kinds of right; why not therefore conclude that certain positive rights ought to be guaranteed to us?

The reason why not emerges from a closer look at the structure of rights. The flip side of a right is an obligation. If there are basic, unconditional rights to goods and services, then there are basic, unconditional obligations to provide them. On whom do such obligations fall? On the community of course. But the practical working out of any such positive right (such as a right to health care) involves the community choosing what amount of health care to guarantee and from whom to take the wherewithal for providing such an amount to those having a right to it. The difficulty here is that the potential demands on those with superfluous goods to spare is potentially infinite—as there can be no stinting on the provision of any good or service deemed a basic right, so long as someone lacks something he has a right to. Hence the moral principle behind a doctrine of positive rights: having produced goods and services, we are obliged to give them to those others that have a right to them until either everyone has all goods or services they have a right to or we have exhausted our resources. In any society in which the need of such goods to guarantee positive rights exceeded resources, such a morality would soon extinguish all production.

In addition to being impractical, this principle differs from the common sense morality that we in fact adhere to. We acknowledge an obligation to help the needy, but that obligation is unconditional only in certain circumstances: with family-members, people we have previously agreed to help, or certain kinds of immediate need that appear in our presence—such as the child drowning in a puddle as we’re passing by. If we had more general obligations to aid strangers that were absolutely unconditional—if we HAD to give our money to the street-person asking for it once we confirmed that he needed it to gain something he had a right to—our own negative rights to choose what to do with what is ours would be nullified; a conclusion most of us could not accept. Because there cannot be unconditional duties to provide goods and services, there cannot be unconditional rights to them, however necessary they may be. Our common morality posits an unconditional duty not to harm; but a conditional and limited duty to help.

In what does that duty to help then consist? It involves, I would contend, recognizing that decisions about public provision of goods and services to the needy are moral but also prudential decisions; we ought to help the needy but we must choose what and how much to provide so as not to endanger production and nullify the negative rights of producers; and, because need will inevitably exceed supply, we must make hard choices among competing goods. We cannot do everything that we would wish to do. While advocates for health care as a right press their case for public provision on that basis, their audience listens only because in 21st century America, public provision of some level of health care is thinkable without the consequences that positive rights doctrine would demand in a less wealthy country. That such provision is prudently possible is the real reason why we should now find a way to offer it, given our obligations to the needy. But the decision to do so must be taken in the political arena in which access to health care must compete with other public goods whose advocates scramble for the public purse—it cannot be made by simply appealing to an unjustifiable doctrine of positive rights.

================

I agree with Tom. Both he and I look forward to your critique.

viagra
free viagra
buy viagra online
generic viagra
how does viagra work
cheap viagra
buy viagra
buy viagra online inurl
viagra 6 free samples
viagra online
viagra for women
viagra side effects
female viagra
natural viagra
online viagra
cheapest viagra prices
herbal viagra
alternative to viagra
buy generic viagra
purchase viagra online
free viagra without prescription
viagra attorneys
free viagra samples before buying
buy generic viagra cheap
viagra uk
generic viagra online
try viagra for free
generic viagra from india
fda approves viagra
free viagra sample
what is better viagra or levitra
discount generic viagra online
viagra cialis levitra
viagra dosage
viagra cheap
viagra on line
best price for viagra
free sample pack of viagra
viagra generic
viagra without prescription
discount viagra
gay viagra
mail order viagra
viagra inurl
generic viagra online paypal
generic viagra overnight
generic viagra online pharmacy
generic viagra uk
buy cheap viagra online uk
suppliers of viagra
how long does viagra last
viagra sex
generic viagra soft tabs
generic viagra 100mg
buy viagra onli
generic viagra online without prescription
viagra energy drink
cheapest uk supplier viagra
viagra cialis
generic viagra safe
viagra professional
viagra sales
viagra free trial pack
viagra lawyers
over the counter viagra
best price for generic viagra
viagra jokes
buying viagra
viagra samples
viagra sample
cialis
generic cialis
cheapest cialis
buy cialis online
buying generic cialis
cialis for order
what are the side effects of cialis
buy generic cialis
what is the generic name for cialis
cheap cialis
cialis online
buy cialis
cialis side effects
how long does cialis last
cialis forum
cialis lawyer ohio
cialis attorneys
cialis attorney columbus
cialis injury lawyer ohio
cialis injury attorney ohio
cialis injury lawyer columbus
prices cialis
cialis lawyers
viagra cialis levitra
cialis lawyer columbus
online generic cialis
daily cialis
cialis injury attorney columbus
cialis attorney ohio
cialis cost
cialis professional
cialis super active
how does cialis work
what does cialis look like
cialis drug
viagra cialis
cialis to buy new zealand
cialis without prescription
free cialis
cialis soft tabs
discount cialis
cialis generic
generic cialis from india
cheap cialis sale online
cialis daily
cialis reviews
cialis generico
how can i take cialis
cheap cialis si
cialis vs viagra
levitra
generic levitra
levitra attorneys
what is better viagra or levitra
viagra cialis levitra
levitra side effects
buy levitra
levitra online
levitra dangers
how does levitra work
levitra lawyers
what is the difference between levitra and viagra
levitra versus viagra
which works better viagra or levitra
buy levitra and overnight shipping
levitra vs viagra
canidan pharmacies levitra
how long does levitra last
viagra cialis levitra
levitra acheter
comprare levitra
levitra ohne rezept
levitra 20mg
levitra senza ricetta
cheapest generic levitra
levitra compra
cheap levitra
levitra overnight
levitra generika
levitra kaufen

{ 11 comments… read them below or add one }

Margaret Beckham May 10, 2007 at 3:12 pm

Dr, Huddle’s argument is very sound given his assumptions about what a right is and how a right could be accommodated. Reading his essay I got the impression that he was fearful that homeless people would start showing up at his practice demanding Botox injections, vision correction surgery, and breast augmentation. Perhaps a different model would help. I suggest he examine the WIC program, the federal program that subsidizes the purchase of specific food items for poor women and their children. The program is fairly narrow in scope in that it seeks to ensure women have access to good nutrition for themselves while pregnant and for their infants and young children, for whom a healthy start is so important. The program has been evaluated and found to be cost effective in that its cost is less than the costs to society of unhealth women, infants and children. This is an oversimplification but, as they say, you can look it up.

Using this model, meeting the “right” of health care might look like–well, Medicaid. The problem with Medicaid is that its income requirements are so low–and health care so expensive–that working people and people who are not otherwise poor but do not have the wherewithal to pay for health insurance are vulnerable to catastrophic health care expenses. And of course it doesn’t take much for health care costs to get catastrophic. And one might guess that these same people probably do not get preventive care either. So expanding Medicaid to cover the “working poor” and provide a limited menu of essential preventive care and acute care services wouldn’t be too hard. What constitutes “essential” care? That decision gets made in all 50 states in the design of their Medicaid programs. Not everyone would agree with everything, no doubt, but clearly there is some consensus. And Medicaid is not responsible for dragging people to doctors’ offices and clinics if they don’t want to go.

Would this be expensive? No doubt. And the way we as a society pay for health care needs more than an expansion of Medicaid–it needs radical overhaul. But the point is, we can acknowledge health care as a right without all those homeless folks camping out in Dr. Huddle’s office.

A Bohemian Road Nurse.... May 10, 2007 at 4:44 pm

Sigh…I guess I’m going to have to say it.

While some people may not think that healthcare is a “human right”, it is the ONLY thing that is correct when people rant and use the phrase: “my God given right”….

A Bohemian Road Nurse.... May 10, 2007 at 4:45 pm

(Oh yeah, and if you have to think about my comment, it means that you might need to read a Bible, especially the 10 Commandment about “loving thy neighbor as thyself”….)

Psyche May 10, 2007 at 10:08 pm

Thank you, Bohemian Road Nurse. As this very blog says – “Anyone can make the simple complicated.” (Charles Mingus).

As a psychiatric social worker, I’m a lot closer than most health workers to providing care for free. I make less than a teacher, less than a factory worker, less than a truck driver. I daily help the homeless that Dr. Huddle is so convinced exist to take away his “negative rights.” They are human beings. They are his equals.

Steve Lucas May 11, 2007 at 6:18 am

I would have to agree with Dr. Huddle. While it is difficult to not serve what we perceive as a needy portion of the population there is a great divide between desire and “right.” Many turn to the European model of health care, not realizing benefits are being lowered, and care is in fact rationed.

A common phrase today is that we are a “rich” country. The reality is a very small percentage of people pay the bulk of the tax burden. The type of “rights” most often proposed, will only increase this burden, and thus, at some point make it economically undesirable to offer heath insurance to any person.

We need to measure our desire with our ability to pay.

Steve Lucas

CHenry May 11, 2007 at 11:18 am

>”We need to measure our desire with our ability to pay.’

We do better than that. We measure our desire by our ability to make others pay.

Tom Huddle May 11, 2007 at 2:39 pm

Perhaps there’s nothing I can say that will prevent some from reading my argument as an expression of hardhearted unwillingness to help the poor.

But of course I deny the charge; my point here is not how we should choose to spend our public money—I think we should increase access to health care; programs like WIC sound great, and amenable to just the kind of argument I would wish to make for them; here is a great need; we can meet it in this way, and this is a better use of our money than these other uses; therefore, lets do it.

My point is simply to suggest that how we think about these arguments is important; and that the “positive rights” way of thinking about them is not satisfactory. Pointing out that seeing needs in terms of positive rights leads to conflict with negative rights may seem hardhearted—but in fact it works out otherwise. Production must come before consumption and paying attention to conditions that will promote it in fact makes possible the meeting of needs. We can debate what to do with our public money because we are prosperous enough to have some to debate about. The countries in the world that have the healthiest populations and the best health care are those in which negative rights have been respected. I do not believe that this is coincidence. It is indeed time for us to join other such countries in providing a level of universal access to heatlh care, because the need is there and we can meet it both practically and morally—by respecting negative rights as we do so.

sizegenetics May 12, 2007 at 2:01 am

Maybe you are right to say that it is time for us to join other such countries in providing a level of universal access to health care.

jetset May 19, 2007 at 2:36 pm

Thank you Dr Huddle for an obviously carefully wrought and well-reasoned argument. It seems to me that the argument boils down to the pragmatist who say “society cannot bear the cost” and the idealists who say “the individual cannot bear the cost”.

When a product becomes free (a right), the demand becomes infinite.

Jetset May 19, 2007 at 3:05 pm

“So expanding Medicaid to cover the “working poor” and provide a limited menu of essential preventive care and acute care services wouldn’t be too hard. ”

It is the working poor who are already paying for the non-working poor. Please don’t imagine that Medicaid comes from some infinite money pool the government has. The government only has the money that it harvests from the citizens that produce money. The vast majority of that money comes from the low-mid class.

charityNOT coercion May 29, 2007 at 6:33 pm

Thank you.
By DEFINITION a positive right results in the enslavement of those who must fulfill that obligation.

Perhaps the bohemian nurse would be willing to accept only 80% of her compensation when she treats a Medicaid patient. That would be charitable.

However, when government coercion forces her to accept 80% (as it does to doctors), that is called enslavement and THEFT.

Wake up! Stop treading on inalienable rights just because you “need” it

Leave a Comment

Previous post:

Next post: