Health is a universal need and good that deserves protection, even if there is no consensus on its meaning and scope. Nonetheless, this chapter makes a case for a rights-based theory of health care, considering that its protection should be deemed a public duty of justice. In order to deploy such a theory, the chapter starts by justifying the choice of rights and law as an appropriate and even essential normative foundation. It continues with some conceptual clarifications and examines the key elements and the five-fold philosophical foundation of the rights-based theory. Then it discusses how the theory can be implemented through a two-tiered or two-level model. Finally, the chapter concludes with a brief recapitulation of some of these aspects.
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