健康权的特征:法律和伦理视角

Features of the Health Rights:From Legal and Ethical Perspectives

尊重、保护和实现公民健康权是卫生法学和生命伦理学研究和实践之目的。健康权具有普适性,是维护人类尊严不可或缺的条件,应覆盖所有人及生命全过程。任何人都应公平享有健康权。健康权与生俱来、不可转让,是整个人权谱系的基础。健康权的主体与客体相统一,不能被物化或异化。健康权的内涵随着社会经济发展、医学模式转换和医学科技进步而不断丰富。在当代社会,生命伦理基本准则正逐步演变为法律规范,应然权利正逐步演变为法定权利或实然权利,医学科技从技术评估、道德评价到法律规范的演化周期日益缩短。

The aim of research and practice of health law and bioethics are to respect, protect and fulfill the health rights of public. As a universal right, the health rights is indispensable for maintaining human dignity and should cover all residents and their overall process of lives. Everyone is entitled to have health rights equally. It is also an inherent and nontransferable right that lays a foundation for the spectrum of human rights. Its unity of subject and object determines that it should not be materialized or alienated. The content of the health rights has been, and will be enriched with the socioeconomic development, medical model transformation as well as the improvement of medical science and technology. In contemporary society, the basic principles of bioethics are evolved with legal norms, the rights ought-to-be eventually becomes the legal rights or the rights to-be, and the period from technological evaluation, ethical assessment to legal norms in medical field has been shortened.