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American bioethics and human rights: the end of all our exploring.(The Public's Health and the Law in the 21st Century: Third Annual Partnership Conference on Public Health Law)

Annas, George J.

Journal of Law, Medicine & Ethics, Winter, 2004, Vol.32(4), p.658(6) [Periódico revisado por pares]

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  • Título:
    American bioethics and human rights: the end of all our exploring.(The Public's Health and the Law in the 21st Century: Third Annual Partnership Conference on Public Health Law)
  • Autor: Annas, George J.
  • Assuntos: Bioethics -- Evaluation ; Human Rights -- Laws, Regulations And Rules ; Public Health -- Social Aspects
  • É parte de: Journal of Law, Medicine & Ethics, Winter, 2004, Vol.32(4), p.658(6)
  • Descrição: Historians are correct to see American bioethics in the late 1960s and early 1970s as fundamentally a reaction to powerful new medical technologies in the hands of medical paternalists who disregarded the wishes of their patients. [...]the major strategy to combat this unaccountable power was to empower patients with the doctrine of informed consent (sometimes called autonomy, and put under the broader rubric of respect for persons). A more persuasive argument is that Beecher's actions were not the beginning of something new, but a "largely opportunistic and measured response" to retain professional dominance in the face of a growing "political, social and cultural climate that challenged the status quo and the power of medical science" [including Joseph Fletcher's 1954 classic book, Morals and Medicine]...Looking at it retrospectively, ["whistleblowing"] was not just a master stroke in image management, but in the calculated preservation of professional power." [...]on the narrow focus of American bioethics, "One of the most urgent value questions...[unexplored in bioethics] is whether as poverty, homelessness, and lack of access to health care increase in our affluent country, it is justifiable for American society to be devoting so much of its intellectual energy and human and financial resources to the replacement of human organs." See, e.g., H.H. Koh, Introduction of U.S. Department of State, 1999 Country Reports on Human Rights Practices (Washington, D.C.: US Department of State, 2000): ("in the new millennium, there are at least three universal 'languages': money, the Internet, and democracy and human rights.") see also L. P. Knowles, "The Lingua Franca of Human Rights and the Rise of a Global Bioethic," Cambridge Quarterly of Healthcare Ethics 10 (2001): 253-63; and D.C. Thomasma, "Proposing a New Agenda: Bioethics and International Human Rights," Cambridge Quarterly of Healthcare Ethics 10 (2001): 299-310; R. Andorno, "Biomedicine and International Human Rights Law: In Search of a Global Consensus,"Bulletin of World Health Organization 80, no. 12 (2002): 959-63; and GJ. An international human rights approach is also consistent with Kant's views on enlightenment in the context of the entire human species, all of whose members "have an interest in the preservation of the whole" giving rise to the hope that "after many revolutions of reform, nature's supreme objective - a universal cosmopolitan state, the womb in which all of the human species' original capacities will be developed - will at last come to be realized." (emphasis in original) I. Kant, Perpetual Peace and Other Essays, trans.
  • Idioma: English

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