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Is Health Care a Natural Human Right?

by Ken Freed

Colorado leaders debate whether health care is an inalienable citizen's right.
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CoI think people have a right to health care," said Diana Degette, Colorado's U.S. Representative. She spoke after the March 10 Denver kickoff press conference for Cover the Uninsured Week.

"Do children have as much of a right to medical care as they have a right to eat?" she asked. "I believe they do." Even if the right to good health is not a formal part of the Constitution, she said, "this is part of the principles that this nation was founded upon. "

The founding patriots, especially Washington and Jefferson, were deeply influenced by The Enlightenment. They saw "natural rights" in the terms of nature and natural law. Health is not listed among the inalienable rights to "life, liberty, and the pursuit of happiness," but isn't health vital for life?

So, In terms of America's founding principles, what do you think? With the core issue on the table, two Colorado Senate Republicans and two Colorado Senate Democrats were asked a simple question:

Is health care a natural human right?

"Health care is not a Constitutional right," said Sen. David Owen, R-S13, chair of the Joint Budget Committee.

"So we want national coverage like in Europe? Most of them are socialist countries, and the people are taxed heavily to pay for the coverage. Besides, we already have a national heath plan in America," he said, "It's called Medicare and Medicaid."

"I think everyone has a right to basic health care," said Sen. Steve Johnson, R-S15, chair of the Health, Environment, Welfare and Institutions (HEWI) committee. "Perhaps a better question might be, how much health care is a right? No one is going to let you die on the street from lack of care, but I'm not willing to say that if you're uninsured, you have a right to get unlimited services for as long as you want. We could not afford it."

Rather than Americans following the example of the Canadian single-payer system, he prefers the ideas of John Breaux to end the cost shifting from covering the uninsured. For those not covered under Breaux's plan, Johnson would favor state subsidies up to 250 percent of the poverty level.

"I think we have a right to have access to health care," said Sen. Deana Hanna, D-S21, ranking minority member on HEWI. "But how we go about providing access is different for different people."

Universal health care in some form is a necessity, she said, "because if you do not have public health, we all suffer as a society. I think there is a very definite connection between all parts of every community. What each one of us does has a real effect on everyone."

"I fully understand there is nothing in the U.S. Constitution that says American citizens have a right to medical care." said Sen. Bob Hagedorn, D-S29, a member of HEWI and regarded on all sides as a health policy expert. "But it is my personal belief that every American should have access to basic health care."

In Colorado, he said, "the situation is bad and getting worse."

In the current state budget fight, he added, "It always come down to a contest between concrete projects, bricks and mortar projects, against the health care of Coloradoans."

Hagedorn calls himself a moderate who's read both John Locke and Adam Smith. He believes it's possible to have both human rights and a free market.

People must look "beyond the language of the constitution to the broader intent," he said. "When you go back and consider Locke's writing, how he talked about life, he meant that to include government being able to do what it can to provide a good life for humankind."

Locke and others of The Enlightenment could not foresee the advances of 21st Century medicine, or it's costs, Hagedorn said, "But if Locke was alive today, yes, he would have said that health care is indeed a natural right."

As for finding a marketplace solution for covering the uninsured, he predicted, "If we don't transform the way health care is delivered privately in this country so that everyone is included, within ten years, we're going to have a popular revolt. And if that happens, whether we want it or not, we'll end up with a single-payer system run by the federal government."

 

Written for The Colorado Statesman, but not published.
March 2003
(c) 2002-03 by Ken Freed


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