Public Emergency System in the Protection of the Right to Health
MAN Hongjie
Abstract:Health resources are different from other social resources,it has nonhomogeneous in function and effect, preference in demand and limitation in distribution. The characteristics of health resources determine that the essence of the right to health is the equitable distribution of health resources, and the distribution principle is the result of the interaction of various ethical foundations. On the distribution of health resources on the society stage, the negative rights theory regards the right to health as a passive right, while the positive rights theory puts forward “the principle of fair equality of opportunity” to guarantee the “normal opportunity range ” of individuals. China's new round of medical system reform in 2006 shows a trend from negative rights theory to positive rights theory. It pays attention to the role of government in the distribution of medical resources and realizes the transformation from “withdraw of the state” to “re-engagement of the state”. While distributing health resources, we should consider the needs of the majority or everyone instead of focusing too much on the needs of certain social stratum and specific regions. When distributing medical resources among members of society, we should pay attention to the efficiency of resource distribution, ensure the equality of resources accessing for everyone, and concern about the needs of everyone. It is worth noting that special attention should be paid to the needs of special groups especially the social vulnerable in the distribution of resources.
Key words: Right to Heath, Health Resource, Fairly Distribution, China’s medical Reform