A legal consideration of distributive justice and rights to health in the COVID-19 era

• Published in: Korean Journal of Health Education and Promotion Vol. 37; no. 3; pp. 101 - 114
• Main Author: Jung, Minsoo
• Format: Journal Article
• Language: English
• Published: 한국보건교육건강증진학회 30.09.2020
• Subjects: 예방의학; COVID-19; rights to health; distributive justice
• ISSN: 1229-4128; 2635-5302
• DOI: 10.14367/kjhep.2020.37.3.101

Objectives: This study examined the theory of distributive justice and discussed its implications in terms of health rights. Methods: This study reviewed current distributional theories in terms of liberal distributive justice. Results: As a criterion for distribution, merit is appropriate in the sense that individual choice, effort, or ability can result in legitimate inequality, and merit-based distribution of the results can account for individuals with merit. Based on the difference principle enunciated by Rawls, the distribution occurs first in order to resolve unfair inequalities. According to the priority theory, distributions are intended for those who are poorer. According to the theory of hypothetical insurance by Dworkin, the distributions move according to need based on sufficientarianism, to ensure basic living standards to compensate for inherent disabilities and allow people to pursue their own preferences. Conclusion: Because of a diverse range of social aspects in reality, a just and perfect distribution theory is impossible. Nonetheless, we can gauge feasibility of each method by coherently examining the method of distribution combined with the objects of distribution. KCI Citation Count: 0