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Call for Publications

Theme: Health Rights
Subtitle: Individual, Collective and 'National'
Publication: Bioethics
Date: Special Issue
Deadline: 1.9.2020

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Recognition of rights to health or health care is increasingly
common. International human rights law recognizes a right to health.
Most world constitutions recognize rights to health care.
Philosophical defenses of these and other socio-economic rights
continue to gain traction. Yet even plausible theoretical defenses of
these ‘health rights’ raise a classic question: How does one weigh
individual rights against competing ‘collective’ rights and/or
non-rights-based values? This question commonly arises in the health
care setting where (i) states are often understood to hold the
correlative duties to recognized health rights and (ii) national
health care systems and policies can be useful means of fulfilling
those duties, and yet (iii) providing the state with strong authority
in the health care setting can undermine plausible collective rights,
including collective rights to make health care decisions for the
collective and/or use collective health care goods, and (iv) many
existing legal regimes recognize these collective rights. The
sub-issues are pressing in the health care setting since their
resolution can have serious consequences in the health of human
beings. Indeed, regardless of whether one recognizes collective
rights, there will be conflicts between individual health rights and
other broader collective goods, such as the values of subsidiary,
diversity, national self-determination, and cultural protections.
These goods could provide limits on individual health rights, if not
grounds for collective rights, including national self-determination
rights.

Whether and how to weigh these competing claims has important
implications for our understanding of rights and for practical
questions about how to respond to rights claims in law and politics.
This special issue seeks to resolve these tensions by examining the
relationship between different health rights claims and its practical
and theoretical implications. Topics that may be addressed by
submissions include:

- What should one do when individual rights to specific health care
  goods conflict with collective rights? 

- What about conflicts between individual rights and greater
  non-rights-based community values? 

- Do sub-state units like nations-within-nations possess collective
  health rights? If so, what makes these units special – either
  generally or in the health care setting – such that they possess
  health rights? 

- Can the good that makes them special outweigh individual goods?
  Individual rights? The force of individual rights? 

- What would these kinds of rights entail as a matter of political
  morality? Of law? 

- What would the implications of recognition be for the design of
  health care systems? 

- Do these issues impact how we resolve cases (e.g., Indigenous
  self-governance in health care, conflicts between the value of
  maximizing individual health outcomes and the value of traditional
  medicine)? 

The editors invite contributions from scholars in bioethics,
philosophy, law, public policy, and other relevant areas to answer
these and related questions. Consistent with Bioethics’ norms, we
will, all-else-being-equal, prefer theoretical works with practical
suggestions and practical works that engage theory. 

The editors welcome early discussion of brief proposals and/or
abstracts by email to: michael.dasi...@mcgill.ca 

Manuscripts should be submitted to Bioethics online at:
http://mc.manuscriptcentral.com/biot

Please ensure that you select the manuscript type ‘Special Issue’and
state that your contribution is for the “Health Rights” Special Issue
when prompted.

Submit through regular processes for Bioethics, paying attention to
their normal standards for publication.

Full details are also available here:
https://onlinelibrary.wiley.com/pb-assets/assets/14678519/BIOE%20-%20Health%20Rights%20CFP.pdf

Journal website:
https://onlinelibrary.wiley.com/journal/14678519




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