@article{ART003173030},
author={Nam seongil},
title={The Right to Health in Habermas’s Proceduralist Paradigm of Law -Focusing on perceived problems in health care and theoretical considerations-},
journal={PHILOSOPHY·THOUGHT·CULTURE},
issn={1975-1621},
year={2025},
number={47},
pages={111-137}
TY - JOUR
AU - Nam seongil
TI - The Right to Health in Habermas’s Proceduralist Paradigm of Law -Focusing on perceived problems in health care and theoretical considerations-
JO - PHILOSOPHY·THOUGHT·CULTURE
PY - 2025
VL - null
IS - 47
PB - Research Institute for East-West Thought
SP - 111
EP - 137
SN - 1975-1621
AB - In 2000, the UN Committee on Social Rights in its General Comment No. 14 evaluated the concept of health established in the World Health Organization Charter and recommended a concept of physical, mental, and social health that goes beyond the view of health based on the presence or absence of disease. When analyzed against these international standards, South Korea's constitutional provisions on the concept of health are blurred with environmental rights, failing to establish a distinct fundamental right to health, and similarly, South Korean legal provisions as a whole focus on the state's role in managing and maintaining the health of its citizens, failing to fulfill the essential conceptual criteria for health.
The crisis situations in Korea, such as suicide, youth isolation, elderly poverty, declining birthrate, rural depopulation, and social polarization, and the global crisis situations, such as terrorism, third world hunger and poverty, immigration, emerging infectious diseases, climate crisis, war escalation, and the new cold war international order, are complex crises that raise awareness of the socio-ecological concept of health, which goes beyond the concept of health as the presence or absence of individual illnesses and poses a threat to the survival of civilization. As a rational and practical solution derived from this awareness, this paper proposes the practical introduction of the concept of the right to health from the perspective of Habermas's proceduralist legal paradigm.
KW - health care;Right to health;World Health Organization Constitution;Constitution of the Republic of Korea⋅Korea law;Habermas's proceduralist law;Principles for organizing health rights
DO -
UR -
ER -
Nam seongil. (2025). The Right to Health in Habermas’s Proceduralist Paradigm of Law -Focusing on perceived problems in health care and theoretical considerations-. PHILOSOPHY·THOUGHT·CULTURE, 47, 111-137.
Nam seongil. 2025, "The Right to Health in Habermas’s Proceduralist Paradigm of Law -Focusing on perceived problems in health care and theoretical considerations-", PHILOSOPHY·THOUGHT·CULTURE, no.47, pp.111-137.
Nam seongil "The Right to Health in Habermas’s Proceduralist Paradigm of Law -Focusing on perceived problems in health care and theoretical considerations-" PHILOSOPHY·THOUGHT·CULTURE 47 pp.111-137 (2025) : 111.
Nam seongil. The Right to Health in Habermas’s Proceduralist Paradigm of Law -Focusing on perceived problems in health care and theoretical considerations-. 2025; 47 : 111-137.
Nam seongil. "The Right to Health in Habermas’s Proceduralist Paradigm of Law -Focusing on perceived problems in health care and theoretical considerations-" PHILOSOPHY·THOUGHT·CULTURE no.47(2025) : 111-137.
Nam seongil. The Right to Health in Habermas’s Proceduralist Paradigm of Law -Focusing on perceived problems in health care and theoretical considerations-. PHILOSOPHY·THOUGHT·CULTURE, 47, 111-137.
Nam seongil. The Right to Health in Habermas’s Proceduralist Paradigm of Law -Focusing on perceived problems in health care and theoretical considerations-. PHILOSOPHY·THOUGHT·CULTURE. 2025; 47 111-137.
Nam seongil. The Right to Health in Habermas’s Proceduralist Paradigm of Law -Focusing on perceived problems in health care and theoretical considerations-. 2025; 47 : 111-137.
Nam seongil. "The Right to Health in Habermas’s Proceduralist Paradigm of Law -Focusing on perceived problems in health care and theoretical considerations-" PHILOSOPHY·THOUGHT·CULTURE no.47(2025) : 111-137.
