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Public Health as a Constitutional Principle - Coggle Diagram
Public Health as a Constitutional Principle
Public health as a normative principle
Why normative?
Because health has morally desirable value
Normativity
provides directive reasons and rules to guide action
Demands
State must promote and preserve health for all
Three-fold Meaning of “Public”
Comunity
Health as collective good
Public actions
Collaboration between state and private agents
Public power
Laws, policies, state action
Two-fold Meaning of “Health”
Functional
Ability to pursue vital goals, overall well-being in context
Clinical
Absence of disease, biomedical state
Normativity and Directive Reasons
Normativity
Moral values that justify obligations
Directive reasons
Give states and individuals concrete duties to act
Constitusionalism
Modern state = built on a normative order
Normative power
Authority to create rights/duties (constitution)
Political power
Practical laws/policies to implement values
Constitutional principles bind and guide institutions
Principle vs. Right to Health
Right to health
A specific institutional mechanism to realize that demand
Principle
Broad normative demand (state must protect health)
Interplay with Other Rights
Health principle relates to equality, liberty, privacy
Sometimes tension, but principle clarifies legitimate state action
Rights
tools, principle
foundation