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Right to health and the human organ: A right as a consequence?
Editors
Title / Series / Name
Pravni Zapisi
Publication Volume
5
Publication Issue
2
Pages
Authors
Editors
Keywords
Right to health
Right to health care
Allocation of organs
Organ donation
Transplantation
Altruism
Scarcity of organs
Biomedicine
Bioethics
Cadaver
Hungarian health law
Law
Right to health care
Allocation of organs
Organ donation
Transplantation
Altruism
Scarcity of organs
Biomedicine
Bioethics
Cadaver
Hungarian health law
Law
URI
http://hdl.handle.net/20.500.14018/13313
Abstract
In this paper I will analyze the right to health and right to health care in a special context, in the field of organ and tissue donation. I will argue that the cases of organ and tissue transplantation provide a useful means for the discussion of the main conceptual challenges to these twin rights. Furthermore the investigation of the scope of these rights in the context of transplantation provide an important aspect to understand to what extent can right to health encompass not only the claim to have access to basic health services but also to what extent non pecuniary solidarity in the form of relying the others' altruism can shape the contours of these rights. For the purposes of concentrating on right to health I will not differentiate between cadaver and living organ donation, only when it is absolutely necessary to make such a distinction. In order to demonstrate how existing European legislation created a special field to right to health, I will start my analysis with exploring the nature and main sources of right to health then I will demonstrate how new fields might be developed, such as the right to health in the context of organ donation.
Topic
Publisher
Place of Publication
Type
Journal article
Date
2014
Language
ISBN
Identifiers
http://dx.doi.org/10.5937/pravzap0-7231