Results for 'right to health'

998 found
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  1. Foundation for a Natural Right to Health Care.Jason T. Eberl, Eleanor K. Kinney & Matthew J. Williams - 2011 - Journal of Medicine and Philosophy 36 (6):537-557.
    Discussions concerning whether there is a natural right to health care may occur in various forms, resulting in policy recommendations for how to implement any such right in a given society. But health care policies may be judged by international standards including the UN Universal Declaration of Human Rights. The rights enumerated in the UDHR are grounded in traditions of moral theory, a philosophical analysis of which is necessary in order to adjudicate the value of specific (...)
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  2.  16
    Inequalities in the Universal Right to Health.Maurizio Bonati, Gianni Tognoni & Fabio Sereni - manuscript
    Child health inequalities violate children’s rights to optimal wellbeing. Different issues worldwide affect children’s physical and mental health as well as their development, influencing their future as adults. Inequities are avoidable inequalities. Despite improvements in the past two decades, the ambitious goals of global agendas have, for the most part, remained as expectations with regard to childhood rights, social justice, and health equity in practice. The concept of social determinants of health has become part of the (...)
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  3. Global Obligations and the Human Right to Health.Bill Wringe - forthcoming - In Tracy Isaacs, Kendy Hess & Violetta Igneski (eds.), Collective Obligation: Ethics, Ontology and Applications.
    In this paper I attempt to show how an appeal to a particular kind of collective obligation - a collective obligation falling on an unstructured collective consisting of the world’s population as a whole – can be used to undermine recently influential objections to the idea that there is a human right to health which have been put forward by Gopal Sreenivasan and Onora O’Neill. -/- I take this result to be significant both for its own sake and (...)
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  4. The Health Impact Fund and the Right to Participate in the Advancement of Science.Cristian Timmermann - 2012 - European Journal of Applied Ethics 1 (1).
    Taking into consideration the extremely harsh public health conditions faced by the majority of the world population, the Health Impact Fund (HIF) proposal seeks to make the intellectual property regimes more in line with human rights obligations. While prioritizing access to medicines and research on neglected diseases, the HIF makes many compromises in order to be conceived as politically feasible and to retain a compensation character that makes its implementation justified solely on basis of negative duties. Despite that (...)
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  5. Anti-Doping, Purported Rights to Privacy and WADA's Whereabouts Requirements: A Legal Analysis.Oskar MacGregor, Richard Griffith, Daniele Ruggiu & Mike McNamee - 2013 - Fair Play 1 (2):13-38.
    Recent discussions among lawyers, philosophers, policy researchers and athletes have focused on the potential threat to privacy posed by the World Anti-Doping Agency’s (WADA) whereabouts requirements. These requirements demand, among other things, that all elite athletes file their whereabouts information for the subsequent quarter on a quarterly basis and comprise data for one hour of each day when the athlete will be available and accessible for no advance notice testing at a specified location of their choosing. Failure to file one’s (...)
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  6. The Right to Know the Identities of Genetic Parents.Madeline Kilty - 2013 - Australian Journal of Adoption 7 (2).
    While in this paper I focus on adoptees, my argument is applicable to donor-conceived children and children of misattributed paternity. I address some of the noted risks of closed adopted and the benefits of open adoption, which is more in keeping with Article 7 of the United Nations Convention on the Rights of the Child (CRC), which provides all children with a right to know about their genetic parents and which the Australian government ratified in 1980.
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  7. Disability Rights as a Necessary Framework for Crisis Standards of Care and the Future of Health Care.Laura Guidry-Grimes, Katie Savin, Joseph A. Stramondo, Joel Michael Reynolds, Marina Tsaplina, Teresa Blankmeyer Burke, Angela Ballantyne, Eva Feder Kittay, Devan Stahl, Jackie Leach Scully, Rosemarie Garland-Thomson, Anita Tarzian, Doron Dorfman & Joseph J. Fins - 2020 - Hastings Center Report 50 (3):28-32.
    In this essay, we suggest practical ways to shift the framing of crisis standards of care toward disability justice. We elaborate on the vision statement provided in the 2010 Institute of Medicine (National Academy of Medicine) “Summary of Guidance for Establishing Crisis Standards of Care for Use in Disaster Situations,” which emphasizes fairness; equitable processes; community and provider engagement, education, and communication; and the rule of law. We argue that interpreting these elements through disability justice entails a commitment to both (...)
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  8. Three Case Studies in Making Fair Choices on the Path to Universal Health Coverage.Alex Voorhoeve, Tessa Edejer, Kapiriri Lydia, Ole Frithjof Norheim, James Snowden, Olivier Basenya, Dorjsuren Bayarsaikhan, Ikram Chentaf, Nir Eyal, Amanda Folsom, Rozita Halina Tun Hussein, Cristian Morales, Florian Ostmann, Trygve Ottersen, Phusit Prakongsai & Carla Saenz - 2016 - Health and Human Rights 18 (2):11-22.
    The goal of achieving Universal Health Coverage (UHC) can generally be realized only in stages. Moreover, resource, capacity and political constraints mean governments often face difficult trade-offs on the path to UHC. In a 2014 report, Making fair choices on the path to UHC, the WHO Consultative Group on Equity and Universal Health Coverage articulated principles for making such trade-offs in an equitable manner. We present three case studies which illustrate how these principles can guide practical decision-making. These (...)
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  9.  70
    The Right Not to Know and the Obligation to Know.Ben Davies - 2020 - Journal of Medical Ethics 46 (5):300-303.
    There is significant controversy over whether patients have a ‘right not to know’ information relevant to their health. Some arguments for limiting such a right appeal to potential burdens on others that a patient’s avoidable ignorance might generate. This paper develops this argument by extending it to cases where refusal of relevant information may generate greater demands on a publicly funded healthcare system. In such cases, patients may have an ‘obligation to know’. However, we cannot infer from (...)
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  10. Relentless Assimilationist Indigenous Policy: From Invasion of Group Rights to Genocide in Mercy’s Clothing.Lantz Fleming Miller - 2016 - Indigenous Policy Journal (3).
    Despite the United Nations Declaration of the Rights of Indigenous Peoples, assimilationist policies continue, whether official or effective. Such policies affect more than the right to group choice. The concern is whether indeed genocide or “only” ethnocide (or culturecide)—the elimination of a traditional culture—is at work. Discussions of the distinction between the two terms have been inconsistent enough that at least one commentator has declared that they cannot be used in analytical contexts. While these terms, I contend, have distinct (...)
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  11.  88
    Have Reforms Reconciled Health Rights Litigation and Priority Setting in Costa Rica?Alessandro Luciano & Alex Voorhoeve - 2019 - Health and Human Rights 21 (2):283-293.
    The experience of Costa Rica highlights the potential for conflicts between the right to health and fair priority setting. For example, one study found that most favorable rulings by the Costa Rican constitutional court concerning claims for medications under the right to health were either for experimental treatments or for medicines that should have low priority based on health gain per unit of expenditure and severity of disease. In order to better align rulings with priority (...)
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  12.  13
    Street Children in India: A Study on Their Access to Health and Education.Nilika Dutta - manuscript
    Street life is a challenge for survival, even for adults, and is yet more difficult for children. They live within the city but are unable to take advantage of the comforts of urban life. This study focused primarily on access to health and education in street children from 6 to 18 years old in the Indian metropolises of Mumbai and Kolkata. The study also aimed to assess the role of social work interventions in ensuring the rights of street children. (...)
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  13. An Assessment of Prominent Proposals to Amend Intellectual Property Regimes Using a Human Rights Framework.Cristian Timmermann - 2014 - la Propiedad Inmaterial 18:221-253.
    A wide range of proposals to alleviate the negative effects of intellectual property regimes is currently under discussion. This article offers a critical evaluation of six of these proposals: the Health Impact Fund, the Access to Knowledge movement, prize systems, open innovation models, compulsory licenses and South-South collaborations. An assessment on how these proposals target the human rights affected by intellectual property will be provided. The conflicting human rights that will be individually discussed are the rights: to benefit from (...)
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  14. Xenotransplantation, Subsistence Hunting and the Pursuit of Health: Lessons for Animal Rights-Based Vegan Advocacy.Nathan Nobis - 2018 - Between the Species 21 (1).
    I argue that, contrary to what Tom Regan suggests, his rights view implies that subsistence hunting is wrong, that is, killing animals for food is wrong even when they are the only available food source, since doing so violates animal rights. We can see that subsistence hunting is wrong on the rights view by seeing why animal experimentation, specifically xenotransplanation, is wrong on the rights view: if it’s wrong to kill an animal to take organs to save a human life, (...)
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  15. The Rights and Duties of Childrearing.Peter Vallentyne - 2003 - William and Mary Bill of Rights Journal 11:991-1010.
    What rights and duties do adults have with respect to raising children? Who, for example, has the right to decide how and where a particular child will live, be educated, receive health care, and spend recreational time? I argue that neither biological (gene-provider) nor..
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  16. Are Rawlsians Entitled to Monopoly Rights?Speranta Dumitru - 2008 - In A. Gosseries, A. Marciano & A. Strowel (eds.), Intelectual Property and Theories of Justice. Palgrave-MacMilan.
    Are intellectual property rights for talented people justified by Rawls’ criteria of justice? In this paper, I argue that Rawls’ theory of justice is ill-equipped to answer this question. Tailored for rival goods and, as a result, centred on the distribution of benefits, it tends to restate questions of justice about unequal rights as questions about economic inequalities. Therefore, it lacks the tools necessary to distinguish among different forms of incentives for talented people. Once social and economic inequalities observe equality (...)
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  17.  88
    Public Interest in Health Data Research: Laying Out the Conceptual Groundwork.Angela Ballantyne & G. Owen Schaefer - 2020 - Journal of Medical Ethics 46 (9):610-616.
    The future of health research will be characterised by three continuing trends: rising demand for health data; increasing impracticability of obtaining specific consent for secondary research; and decreasing capacity to effectively anonymise data. In this context, governments, clinicians and the research community must demonstrate that they can be responsible stewards of health data. IRBs and RECs sit at heart of this process because in many jurisdictions they have the capacity to grant consent waivers when research is judged (...)
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  18. Justice and Public Health.Govind Persad - 2019 - In Anna Mastroianni, Jeff Kahn & Nancy Kass (eds.), Oxford Handbook of Public Health Ethics. New York, NY, USA: pp. ch. 4.
    This chapter discusses how justice applies to public health. It begins by outlining three different metrics employed in discussions of justice: resources, capabilities, and welfare. It then discusses different accounts of justice in distribution, reviewing utilitarianism, egalitarianism, prioritarianism, and sufficientarianism, as well as desert-based theories, and applies these distributive approaches to public health examples. Next, it examines the interplay between distributive justice and individual rights, such as religious rights, property rights, and rights against discrimination, by discussing examples such (...)
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  19. Does Facebook Violate Its Users’ Basic Human Rights?Alexander Sieber - 2019 - NanoEthics 13 (2):139-145.
    Society has reached a new rupture in the digital age. Traditional technologies of biopower designed around coercion no longer dominate. Psychopower has manifested, and its implementation has changed the way one understands biopolitics. This discussion note references Byung-Chul Han’s interpretation of modern psychopolitics to investigate whether basic human rights violations are committed by Facebook, Inc.’s product against its users at a psychopolitical level. This analysis finds that Facebook use can lead to international human rights violations, specifically cultural rights, social rights, (...)
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  20. Intellectual Property and the Pharmaceutical Industry: A Moral Crossroads Between Health and Property.Rivka Amado & Nevin M. Gewertz - 2004 - Journal of Business Ethics 55 (3):295-308.
    The moral justification of intellectual property is often called into question when placed in the context of pharmaceutical patents and global health concerns. The theoretical accounts of both John Rawls and Robert Nozick provide an excellent ethical framework from which such questions can be clarified. While Nozick upholds an individuals right to intellectual property, based upon its conformation with Lockean notions of property and Nozicks ideas of just acquisition and transfer, Rawls emphasizes the importance of basic liberties, such (...)
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  21. Beneficence, Justice, and Health Care.J. Paul Kelleher - 2014 - Kennedy Institute of Ethics Journal 24 (1):27-49.
    This paper argues that societal duties of health promotion are underwritten (at least in large part) by a principle of beneficence. Further, this principle generates duties of justice that correlate with rights, not merely “imperfect” duties of charity or generosity. To support this argument, I draw on a useful distinction from bioethics and on a somewhat neglected approach to social obligation from political philosophy. The distinction is that between general and specific beneficence; and the approach from political philosophy has (...)
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  22. Epistemic Paternalism in Public Health.Kalle Grill & Sven Ove Hansson - 2005 - Journal of Medical Ethics 31 (11):648-653.
    Receiving information about threats to one’s health can contribute to anxiety and depression. In contemporary medical ethics there is considerable consensus that patient autonomy, or the patient’s right to know, in most cases outweighs these negative effects of information. Worry about the detrimental effects of information has, however, been voiced in relation to public health more generally. In particular, information about uncertain threats to public health, from—for example, chemicals—are said to entail social costs that have not (...)
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  23. Designing the Health-Related Internet of Things: Ethical Principles and Guidelines.Brent Mittelstadt - 2017 - Information 8 (3):77.
    The conjunction of wireless computing, ubiquitous Internet access, and the miniaturisation of sensors have opened the door for technological applications that can monitor health and well-being outside of formal healthcare systems. The health-related Internet of Things (H-IoT) increasingly plays a key role in health management by providing real-time tele-monitoring of patients, testing of treatments, actuation of medical devices, and fitness and well-being monitoring. Given its numerous applications and proposed benefits, adoption by medical and social care institutions and (...)
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  24.  87
    Privacy Versus Public Health? A Reassessment of Centralised and Decentralised Digital Contact Tracing.Lucie White & Philippe van Basshuysen - 2021 - Science and Engineering Ethics 27 (2):1-13.
    At the beginning of the COVID-19 pandemic, high hopes were placed on digital contact tracing. Digital contact tracing apps can now be downloaded in many countries, but as further waves of COVID-19 tear through much of the northern hemisphere, these apps are playing a less important role in interrupting chains of infection than anticipated. We argue that one of the reasons for this is that most countries have opted for decentralised apps, which cannot provide a means of rapidly informing users (...)
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  25. The Public Health-Quarantine Model.Gregg D. Caruso - forthcoming - In Oxford Handbook of Moral Responsibility. New York: Oxford University Press.
    One of the most frequently voiced criticisms of free will skepticism is that it is unable to adequately deal with criminal behavior and that the responses it would permit as justified are insufficient for acceptable social policy. This concern is fueled by two factors. The first is that one of the most prominent justifications for punishing criminals, retributivism, is incompatible with free will skepticism. The second concern is that alternative justifications that are not ruled out by the skeptical view per (...)
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  26. Getting Obligations Right: Autonomy and Shared Decision Making.Jonathan Lewis - 2020 - Journal of Applied Philosophy 37 (1):118-140.
    Shared Decision Making (‘SDM’) is one of the most significant developments in Western health care practices in recent years. Whereas traditional models of care operate on the basis of the physician as the primary medical decision maker, SDM requires patients to be supported to consider options in order to achieve informed preferences by mutually sharing the best available evidence. According to its proponents, SDM is the right way to interpret the clinician-patient relationship because it fulfils the ethical imperative (...)
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  27. The Duty to Take Rescue Precautions.Tina Rulli & David Wendler - 2016 - Journal of Applied Philosophy 33 (3):240-258.
    There is much philosophical literature on the duty to rescue. Individuals who encounter and could save, at relatively little cost to themselves, a person at risk of losing life or limb are morally obligated to do so. Yet little has been said about the other side of the issue. There are cases in which the need for rescue could have been reasonably avoided by the rescuee. We argue for a duty to take rescue precautions, providing an account of the circumstances (...)
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  28. Egészségpolitika és etika (Health Policy and Ethics).Attila Tanyi & Zsofia Kollanyi - 2008 - DEMOS Studies, DEMOS Hungary.
    This book provides a survey of the ethical aspects of health care resources distribution. It first distinguishes health from health care in an effort to clear up the ethical landscape. After this, still with the same purpose, it makes a distinction between problems of macro-allocation and micro-allocation. In the rest of the book two questions of macro-allocation are treated in some detail. First, several approaches – in particular: utilitarian, egalitarian, communitarian, and libertarian – to the question whether (...)
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  29.  39
    Global Health and National Borders.Mira Johri, Ryoa Chung, Angus Dawson & Ted Schrecker - 2012 - Globalization and Health 8:19.
    ABSTRACT: BACKGROUND: The governments and citizens of the developed nations are increasingly called upon to contribute financially to health initiatives outside their borders. Although international development assistance for health has grown rapidly over the last two decades, austerity measures related to the 2008 and 2011 global financial crises may impact negatively on aid expenditures. The competition between national priorities and foreign aid commitments raises important ethical questions for donor nations. This paper aims to foster individual reflection and public (...)
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  30. My Conscience May Be My Guide, but You May Not Need to Honor It.Hugh Lafollette - 2017 - Cambridge Quarterly of Healthcare Ethics 26 (1):44-58.
    A number of health care professionals assert a right to be exempt from performing some actions currently designated as part of their standard professional responsibilities. Most advocates claim that they should be excused from these duties simply by averring that they are conscientiously opposed to performing them. They believe that they need not explain or justify their decisions to anyone; nor should they suffer any undesirable consequences of such refusal. Those who claim this right err by blurring (...)
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  31. The Principle of Responsibility for Illness and its Application in the Allocation of Health Care: A Critical Analysis.Eugen Huzum - 2008 - In Bogdan Olaru (ed.), Autonomy, Responsibility, and Health Care. Critical Essays. Bucharest: Zeta Books. pp. 191-220.
    In this paper I analyze a view that is increasingly spreading among philosophers and even physicians. Many of them believe that it is right to apply the principle of responsibility for illness in the allocation of health care. I attempt to show that this idea is unacceptable.
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  32. Pathocentric Epistemic Injustice and Conceptions of Health.Ian James Kidd & Havi Carel - forthcoming - In Benjamin Sherman & Stacey Goguen (eds.), Overcoming Epistemic Injustice: Social and Psychological Perspectives. New York: Rowman and Littlefield. pp. 00-00.
    In this paper, we argue that certain theoretical conceptions of health, particularly those described as ‘biomedical’ or ‘naturalistic’, are viciously epistemically unjust. Drawing on some recent work in vice epistemology, we identity three ways that abstract objects (such as theoretical conceptions, doctrines, or stances) can be legitimately described as epistemically vicious. If this is right, then robust reform of individuals, social systems, and institutions would not be enough to secure epistemic justice: we must reform the deeper conceptions of (...)
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  33. Are Pharmaceutical Patents Protected by Human Rights?Joseph Millum - 2008 - Journal of Medical Ethics 34 (11):e25-e25.
    The International Bill of Rights enshrines a right to health, which includes a right to access essential medicines. This right frequently appears to conflict with the intellectual property regime that governs pharmaceutical patents. However, there is also a human right that protects creative works, including scientific productions. Does this right support intellectual property protections, even when they may negatively affect health? -/- This article examines the recent attempt by the Committee on Economic, Social (...)
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  34. Addressing the 'Global Basic Structure' in the Ethics of International Health Research Involving Human Subjects.Janet Borgerson - 2005 - Journal of Philosophical Research 30 (9999):235-249.
    The context of international health research involving human subjects, and this should appear obvious, is the human community. As such, basic questions of how human beings should be treated by other human beings, particularly in situations of unequal power – e.g., in the form of control, choice, or opportunity – lay at the foundations of related ethical discourse when ethics are discussed at all. I trace a narrative that follows upon a recent revision process of international guidelines for biomedical (...)
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  35.  36
    Wrongness, Responsibility, and Conscientious Refusals in Health Care.Alida Liberman - 2017 - Bioethics 31 (7):495-504.
    In this article, I address what kinds of claims are of the right kind to ground conscientious refusals. Specifically, I investigate what conceptions of moral responsibility and moral wrongness can be permissibly presumed by conscientious objectors. I argue that we must permit HCPs to come to their own subjective conclusions about what they take to be morally wrong and what they take themselves to be morally responsible for. However, these subjective assessments of wrongness and responsibility must be constrained in (...)
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  36. Victims of Trafficking, Reproductive Rights, and Asylum.Diana Tietjens Meyers - 2016 - Oxford Handbook of Reproductive Ethics.
    My aim is to extend and complement the arguments that others have already made for the claim that women who are citizens of economically disadvantaged states and who have been trafficked into sex work in economically advantaged states should be considered candidates for asylum. Familiar arguments cite the sexual violence and forced labor that trafficked women are subjected to along with their well-founded fear of persecution if they’re repatriated. What hasn’t been considered is that reproductive rights are also at stake. (...)
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  37. The Right to Parent and Duties Concerning Future Generations.Anca Gheaus - 2016 - Journal of Political Philosophy 24 (1):487-508.
    Several philosophers argue that individuals have an interest-protecting right to parent; specifically, the interest is in rearing children whom one can parent adequately. If such a right exists it can provide a solution to scepticism about duties of justice concerning distant future generations and bypass the challenge provided by the non-identity problem. Current children - whose identity is independent from environment-affecting decisions of current adults - will have, in due course, a right to parent. Adequate parenting requires (...)
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  38.  86
    Requirements to Justify Breastfeeding in Public: A Philosophical Analysis.Fiona Woollard - 2019 - International Breastfeeding Journal 14 (14):14-26.
    It may be tempting for breastfeeding advocates to respond to challenges to breastfeeding older children or breastfeeding in public by pointing out the nutritional or developmental benefits of breastfeeding or by noting that breastfeeding is often extremely discreet. Such responses may concede more than they should: by focusing on rebutting the empirical claim, breastfeeding supporters may end up implicitly accepting two presuppositions about breastfeeding: first, the presupposition that breastfeeding requires justification in terms of health or developmental benefits to the (...)
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  39. The Right to Withdraw From Research.G. Owen Schaefer & Alan Wertheimer - 2010 - Kennedy Institute of Ethics Journal 20 (4):329-352.
    The right to withdraw from participation in research is recognized in virtually all national and international guidelines for research on human subjects. It is therefore surprising that there has been little justification for that right in the literature. We argue that the right to withdraw should protect research participants from information imbalance, inability to hedge, inherent uncertainty, and untoward bodily invasion, and it serves to bolster public trust in the research enterprise. Although this argument is not radical, (...)
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  40. The Right to Parent One's Biological Baby.Anca Gheaus - 2012 - Journal of Political Philosophy 20 (4):432-455.
    This paper provides an answer to the question why birth parents have a moral right to keep and raise their biological babies. I start with a critical discussion of the parent-centred model of justifying parents’ rights, recently proposed by Harry Brighouse and Adam Swift. Their account successfully defends a fundamental moral right to parent in general but, because it does not provide an account of how individuals acquire the right to parent a particular baby, it is insufficient (...)
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  41. If Fetuses Are Persons, Abortion is a Public Health Crisis.Bruce Blackshaw & Daniel Rodger - 2021 - Bioethics 35 (5):465-472.
    Pro-life advocates commonly argue that fetuses have the moral status of persons, and an accompanying right to life, a view most pro-choice advocates deny. A difficulty for this pro-life position has been Judith Jarvis Thomson’s violinist analogy, in which she argues that even if the fetus is a person, abortion is often permissible because a pregnant woman is not obliged to continue to offer her body as life support. Here, we outline the moral theories underlying public health ethics, (...)
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  42. Cost-Effectiveness in Animal Health: An Ethical Analysis.Govind Persad - 2019 - In Bob Fischer (ed.), Routledge Handbook of Animal Ethics. New York: Routledge.
    -/- This chapter evaluates the ethical issues that using cost-effectiveness considerations to set animal health priorities might present, and its conclusions are cautiously optimistic. While using cost-effectiveness calculations in animal health is not without ethical pitfalls, these calculations offer a pathway toward more rigorous priority-setting efforts that allow money spent on animal well-being to do more good. Although assessing quality of life for animals may be more challenging than in humans, implementing prioritization based on cost-effectiveness is less ethically (...)
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  43.  66
    Foundation for the Electronic Health Record: An Ontological Analysis of the HL7 Reference Information Model.Lowell Vizenor, Barry Smith & Werner Ceusters - 2004 - In IFOMIS Reports. Saarbrücken: IFOMIS. pp. 1-14.
    Despite the recent advances in information and communication technology that have increased our ability to store and circulate information, the task remains of ensuring that the right sorts of information reach the right sorts of people. In what follows we defend the thesis that efforts to develop efficient means for sharing information across healthcare systems and organizations would benefit from a careful analysis of human action in healthcare organizations, and that the communication of healthcare information and knowledge needs (...)
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  44.  47
    Right to Be Punished?Adriana Placani & Stearns Broadhead - 2020 - European Journal of Analytic Philosophy 16 (1):53-74.
    It appears at least intuitively appropriate to claim that we owe it to victims to punish those who have wronged them. It also seems plausible to state that we owe it to society to punish those who have violated its norms. However, do we also owe punishment to perpetrators themselves? In other words, do those who commit crimes have a moral right to be punished? This work examines the sustainability of the right to be punished from the standpoint (...)
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  45. From Rights to Prerogatives.Daniel Muñoz - 2021 - Philosophy and Phenomenological Research 102 (3):608-623.
    Deontologists believe in two key exceptions to the duty to promote the good: restrictions forbid us from harming others, and prerogatives permit us not to harm ourselves. How are restrictions and prerogatives related? A promising answer is that they share a source in rights. I argue that prerogatives cannot be grounded in familiar kinds of rights, only in something much stranger: waivable rights against oneself.
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  46.  44
    Why a Right to Explanation of Automated Decision-Making Does Not Exist in the General Data Protection Regulation.Sandra Wachter, Brent Mittelstadt & Luciano Floridi - 2017 - International Data Privacy Law 1 (2):76-99.
    Since approval of the EU General Data Protection Regulation (GDPR) in 2016, it has been widely and repeatedly claimed that the GDPR will legally mandate a ‘right to explanation’ of all decisions made by automated or artificially intelligent algorithmic systems. This right to explanation is viewed as an ideal mechanism to enhance the accountability and transparency of automated decision-making. However, there are several reasons to doubt both the legal existence and the feasibility of such a right. In (...)
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  47.  31
    Legal and Ethical Dimensions of Artificial Reproduction and Related Rights.Deepa Kansra - 2012 - Women's Link 4 (18):7-17.
    Recent years have illustrated how the reproductive realm is continuously drawing the attention of medical and legal experts worldwide. The availability of technological services to facilitate reproduction has led to serious concerns over the right to reproduce, which no longer is determined as a private/personal matter. The growing technological options do implicate fundamental questions about human dignity and social welfare. There has been an increased demand for determining (a) the rights of prisoners, unmarried and homosexuals to such services, (b) (...)
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  48. Some Obstacles to Applying the Principle of Individual Responsibility for Illness in the Rationing of Medical Services.Eugen Huzum - 2010 - Romanian Journal of Bioethics 8 (2):104-113.
    Lately, more and more authors have asserted their belief that one of the criteria which, together with the medical ones, can and should be applied in the policy of selecting and/or prioritizing the patients in need for the allocation of medical resources with limited availability, is the principle of individual responsibility for illness. My intention in this study is to highlight some very serious obstacles looming against the attempt to apply this principle in the distribution of the medical services with (...)
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  49. The Right to Ignore: An Epistemic Defense of the Nature/Culture Divide.Maria Kronfeldner - 2017 - In Richard Joyce (ed.), Handbook of Evolution and Philosophy. Routledge. pp. 210-224.
    This paper addresses whether the often-bemoaned loss of unity of knowledge about humans, which results from the disciplinary fragmentation of science, is something to be overcome. The fragmentation of being human rests on a couple of distinctions, such as the nature-culture divide. Since antiquity the distinction between nature (roughly, what we inherit biologically) and culture (roughly, what is acquired by social interaction) has been a commonplace in science and society. Recently, the nature/culture divide has come under attack in various ways, (...)
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  50.  35
    "The Right to Be Forgotten": A Philosophical View.Luciano Floridi - 2015 - Jahrbuch Für Recht Und Ethik / Annual Review of Law and Ethics 23:163-179.
    The “Right to be forgotten” lies at the heart of the infosphere debate. It embodies how mature information societies cope and deal with their memories. As such, it has become a defining issue of our time. Drawing on the author’s experience as a member of the Google Advisory panel, this paper discusses some of the salient points of the “Right to be forgotten” discourse, including: privacy vs. freedom of speech and availability vs. accessibility of information. It argues that, (...)
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