Giustizia, equità, risorse. La salute tra l'astrazione dei diritti e la concretezza dei bisogni

Nowadays thinking about the right to health means going beyond the idea expressed by the binomial health/disease or healt/illness. The theoretical debate is particularly interesting, looking beyond illness, for example, with reference to the allocation principle of health resources. The principle of Justice in bioethics states that every clinical and social practice that guarantee equal access to health care is ethically justified. If we highlight the recognition of individual and fundamental rights that takes place in our Country, but not in every Western contexts (such as the U.S., for example), at the same time we must consider the problem of classification of the right to health and its relationship with distributive justice profiles. Lawyers, bioethicists and philosophers must consider the peculiar relationship between justice and health as the original connection between abstract rights and concrete needs. This situation, focused on the real, concrete human condition, rather than on the “abstract man”, leads us to wonder whether the principle of justice could be able to give clear guidelines for law and political law.