Is Health Care A Right?

Two levels on which I don't agree that health care is a right. The first level is that, if it is a right, it is definitely not a protected right under the constitution.  If we as a nation define it as a right by adding it as an amendment or addition to the Bill of Rights, then it would become protected.  When the Bill of Rights was written as a compromise for those who questioned the Federalist notion of a constitution and a central government, hospitals and doctors existed.  If the non-Federalists had felt that healthcare was an inalienable right they would have asked for its inclusion into the Bill of Rights, because they basically asked for everything else they could think of. Good thing they did; Imagine being without the Bill of Rights, which is what the Federalists wanted until it was obvious they needed a compromise.

The second level is on what constitutes a right.  What are rights, and where do they come from?  I have always questioned that, and recently questioned it again in regards to whether I should think health care is a right or not.  If it is, I want to be behind it as a defender of rights.  If it is not, I want to explain why not.

Fundamentally:

• A right is rooted in, and constituted of, principles defining the ability to act.

• Rights come from the obligation of others to keep themselves from violating your ability to act.  In other words, rights are negative obligations - weighty responsibilities.   

What we know:

• The need for health care in a time of sickness is not an act.

• Society has only defined certain obligations of doctors in times of emergency, sickness, or need - and complete health care is not one of them.  

So, health care is not a right, but a privilege given to us unvoluntarily (i.e., at a price) by others who possess (which is a right) and have obtained (which is a right) the skills necessary to do so.

True rights do not infringe on another person's rights.  My right in the pursuit of happiness, freedom of speech, freedom of religion, right to an attorney, right to a fair trial, or any other, should not and do not take away from another's same rights.

If health care was, or could be, a right, how could it be so without taking away the rights of others?

As stated above, I currently have the right to an attorney, but I have to pay for it out of pocket or request one (the act), and the right is given to me to defend me from accusation of my peers (The People, who are under that obligation).  If the People of my State decide to accuse me, I should (and do) have the right to defend myself against them.

However, in the case of a medical need, it usually occurs by natural cause.  The People did not inflict the medical need upon me, so I have no right for a doctor to be provided (there is no act and no obligation).  But I do have the right to hire (a right) one and receive treatment if I have obtained the ability (a right) to do so.

Of course, there are always a few exceptions and further explanations and arguments to these types of philosophies which would take much more time to write than I have.  Such as what happens when The People do inflict harm on someone - then does that person have a right to receive care?  Most judges or juries would rule yes and I agree with that.  Notice, however, that the right is usually alienable, meaning it can be transferred, or it is only for the duration of the treatment of the harm caused.  It normally would not include any and all medical care, as the alienable right was given because The People infringed on that person's right to be left alone.  (See Francis Hutcheson)

One last example, my right to legal representation can still be exercised (therefore it is inalienable) even if all of the lawyers were to leave the world, and none were available to represent me.  In that case, I become my own advocate and represent myself.  The right has not been reduced or transferred from me based on the lawyers' decisions to leave.  On the other hand, if all of the doctors were to leave the world, how would I exercise my right to health care, beyond the rights I already have to take care of and make decisions for myself?

The fact that health care is not a right does not mean we should not be charitable and help where we are able.  It means we should be careful about what types of weighty responsibilities we add to the burdens we share as Americans.  Balance is a notion that we tend to forget about but is symbolically everywhere in the foundations and inner workings of our country.  I believe there is good wisdom in that.