Abstract

Measures in public health care (PHC) seem vulnerable to charges of paternalism: their aim is to protect, restore, or promote people's health, but the public character of these measures seems to leave insufficient room for respect for individual autonomy. This paper wants to explore three challenges to these charges: (i) Measures in PHC are aimed to protect, restore or promote ‘deep autonomy’, (ii) Measures in PHC are directed at the public and, as such, they do show respect for autonomy, and (iii) Some measures in PHC can be justified on grounds of justice and need not be defended as cases of ‘justified paternalism’. Although charges of unjustified paternalism in PHC might still be relevant, we should at least face these different challenges.

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