Justice in Genetics

Justice in Genetics

Intellectual Property and Human Rights from a Cosmopolitan Liberal Perspective

Louise Bernier

Providing new insight into the ideas surrounding one of the longest running and hotly debated governmental issues – the global access to healthcare challenge – Louise Bernier develops an original theoretical framework that builds upon cosmopolitan liberal theory. This groundbreaking analysis offers a useful justification for engaging in a global and more equitable redistribution of health-related resources.

Chapter 2: An Argument for Global Distribution in Health

Louise Bernier

Subjects: law - academic, health law, human rights, intellectual property law, politics and public policy, human rights


What are the reasons for intervention in health (in the process of accessing the good life)? INTRODUCTION The second chapter of this first theoretical part will elaborate an ideal conception of distributive justice in health to justify global access to genetics. I will establish normative grounds as the basis for my scheme of global health/health care justice, focusing on the special characteristics of health and on its crucial role in normal human functioning. This argument relies on the premise that health is a basic and essential good and that any reasonable account of justice must address the distribution of health care, resources, and services in the global order. I will then analyse the impact of normal functioning on the lives of individuals, using the criterion of the range of normal opportunities available to people. This will help to establish clear links between health problems, lack of access to the resources emerging from genetic research, and a diminution of the range of opportunities for which individuals of equal skill can build life plans. Then, I will extend the discussion to the global perspective on health as a way to propose some normative grounds for global distribution in health and genetic innovation. This discussion will highlight the specificity and universal importance of health. It will also flesh out my argument in favour of compensation for deviations from normal functioning and for the eradication of global health inequities over which we can have some form of control through distributive justice mechanisms. 2.1 CONCEPTION...

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