Enhancing John Rawlss theory of justice to cover health and social determinants of health

Ekmekçi, Perihan Elif; Arda, Berna

doi:10.4067/s1726-569x2015000200009

Cited by 27 publications

(24 citation statements)

References 2 publications

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“…Starting from a “normal function” premise, Daniels argued that health has a moral significance, in that it opens up other life opportunities to an individual, and a society will be unjust if it allows health inequalities to limit the individual’s basic life opportunities. From this ethical standpoint, Daniels advocated that, apart from the biomedical concept of health, all the social determinants that affect health should be considered for fair distribution according to Rawls’ principle of justice [ 55 ]. Daniels’ proposition on social determinants has been helpful in developing specific implementable actions for achieving health that have mitigated the deliberate exclusion of health in Rawls’ theory.…”

Section: Discussionmentioning

confidence: 99%

Right to health and social justice in Bangladesh: ethical dilemmas and obligations of state and non-state actors to ensure health for urban poor

et al. 2018

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BackgroundThe world is urbanizing rapidly; more than half the world’s population now lives in urban areas, leading to significant transition in lifestyles and social behaviours globally. While offering many advantages, urban environments also concentrate health risks and introduce health hazards for the poor. In Bangladesh, although many public policies are directed towards equity and protecting people’s rights, these are not comprehensively and inclusively applied in ways that prioritize the health rights of citizens. The country is thus facing many issues that raise moral and ethical concerns.MethodsA narrative literature review was conducted between October 2016 and November 2017 on issues related to social justice, health, and human rights in urban Bangladesh. The key questions discussed here are: i) ethical dilemmas and inclusion of the urban poor to pursue social justice; and ii) the ethical obligations and moral responsibilities of the state and non-state sectors in serving Bangladesh’s urban poor. Using a Rawlsian theory of equality of opportunity to ensure social justice, we identified key health-related ethical issues in the country’s rapidly changing urban landscape, especially among the poor.ResultsWe examined ethical dilemmas in Bangladesh’s health system through the rural–urban divide and the lack of coordination among implementing agencies. The unregulated profusion of the private sector and immoral practices of service providers result in high out-of-pocket expenditures for urban poor, leading to debt and further impoverishment. We also highlight policy and programmatic gaps, as well as entry points for safeguarding the right to health for Bangladeshi citizens.ConclusionsThe urban health system in Bangladesh needs a reform in which state and non-state actors should work together, understanding and acknowledging their moral responsibilities for improving the health of the urban poor by engaging multiple sectors. The social determinants of health should be taken into account when formulating policies and programs to achieve universal health coverage and ensure social justice for the urban poor in Bangladesh.

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Section: Discussionmentioning

confidence: 99%

Right to health and social justice in Bangladesh: ethical dilemmas and obligations of state and non-state actors to ensure health for urban poor

et al. 2018

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“…Rawls's theory addresses justice on the basis of fairness, and that fairness can only be achieved when each individual has access to the services he/she needs (Ekmekci & Arda, 2015). Rawls's theory of justice has two core principles namely equal liberty and social inequality.…”

Section: Right To Justice and The Vulnerable Non-citizens In Malaysiamentioning

confidence: 99%

“…These liberties must be protected, and must not be negotiated as they provide the opportunity of being equal to every individual in the society. Ekmekci and Arda (2015) argue that in many democratic countries, these fundamental rights are already being guaranteed by the constitution. Social inequality, on the other hand, is a principle that steps in when the distribution of resources out of the scope of the first principle (equal liberty) such as income and welfare, cannot be achieved (Rawls, 2005).…”

Section: Right To Justice and The Vulnerable Non-citizens In Malaysiamentioning

confidence: 99%

Right to justice and legal aid barriers to the vulnerable non-citizens in Malaysia

Wahab

Khairi

2020

GEOGRAFIA

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Legal aid is the provision of assistance to people who are unable to access legal counsel in the justice system. It is regarded as an important aspect of the right to justice. In Malaysia, migrant workers and refugees are among the most vulnerable population, facing unequal and discriminatory treatments compounded by ineffective mechanisms to guarantee their right to justice. Malaysian legal aid schemes strive to serve various segments of vulnerable population to access legal assistance but tend to confine it to Malaysian citizens. Consequently, migrant worker and refugee population are remained vulnerable, and at risk of their rights being ignored and violated. This study argues that despite the evolution of legal aid schemes into a hybrid system that paves the way for a more robust public-private partnershipit does not result in the expansion of services to the vulnerable non-citizens. Deriving from several key informant and in-depth interview sessions with vulnerable noncitizens in Malaysia, this study highlights four key barriers hindering the provision of legal aid to the vulnerable non-citizens. They are: (i) limited scope of legal aid's coverage; (ii) financial constraint; (iii) limitation in private lawyers' participation in legal aid schemes; and (iv) the lack of awareness. Drawing from Rawls's theory of justice, this study conclude that the failure of social institutions in particular the legal aid providers to provide adequate access to legal aid to the vulnerable non-citizens suggests unfair distribution of justice in Malaysia's modern social justice system.

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“…Several proposals have been developed to include the subject of health in Rawls’ theory of justice as fairness (Daniels 1981; Ekmekci and Arda 2015). Among these proposals, Norman Daniels’ normal functioning approach is remarkable.…”

Section: Justifying the Right To Health: Is There Such A Right?mentioning

confidence: 99%

Do we have a moral responsibility to compensate for vulnerable groups? A discussion on the right to health for LGBT people

Ekmekçi

2016

Med Health Care and Philos

Self Cite

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Vulnerability is a broad concept widely addressed in recent scholarly literature. Lesbian, gay, bisexual, and transgender (LGBT) people are among the vulnerable populations with significant disadvantages related to health and the social determinants of health. Medical ethics discourse tackles vulnerability from philosophical and political perspectives. LGBT people experience several disadvantages from both perspectives. This article aims to justify the right to health for LGBT people and their particular claims regarding healthcare because they belong to a vulnerable group. Rawls’ theory of justice and Norman Daniels’ normal functioning approach will be discussed in this context. Despite the fact that the right to health can be justified by Daniels’ normal functioning approach, there is still a theoretical gap in justifying the right to health for particular vulnerable populations such as LGBT people and discussing society’s duty to compensate for these disadvantages. In search of solid theoretical grounds for the justification of the right to health for LGBT people, the present author takes the opportunity to utilize Daniels’ flexible definition of normal functioning to show that normal functioning not only varies by age but also by different states of human existence, including sexual orientation and gender identity, and to propose replacing the life span approach with normal states of human existence.

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Enhancing John Rawlss theory of justice to cover health and social determinants of health

Cited by 27 publications

References 2 publications

Right to health and social justice in Bangladesh: ethical dilemmas and obligations of state and non-state actors to ensure health for urban poor

Right to health and social justice in Bangladesh: ethical dilemmas and obligations of state and non-state actors to ensure health for urban poor

Right to justice and legal aid barriers to the vulnerable non-citizens in Malaysia

Do we have a moral responsibility to compensate for vulnerable groups? A discussion on the right to health for LGBT people

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Enhancing John Rawlss theory of justice to cover health and social determinants of health

Cited by 27 publications

References 2 publications

Right to health and social justice in Bangladesh: ethical dilemmas and obligations of state and non-state actors to ensure health for urban poor

Right to health and social justice in Bangladesh: ethical dilemmas and obligations of state and non-state actors to ensure health for urban poor

Right to justice and legal aid barriers to the vulnerable non-citizens in Malaysia

Do we have a moral responsibility to compensate for vulnerable groups? A discussion on the right to health for LGBT people

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Enhancing John Rawlss theory of justice to cover health and social determinants of health