Abstract
This research examines the contents of human rights in liberal and communitarian theories. While liberalism emphasizes liberty and equality of individuals, communitarianism claims the very rights of peoples and community. The question is whether rights holders can be both individuals and/ or a community. The research discusses the various on-going debates between liberal and communitarian theorists relating to the issues of human rights and puts this in context with the right to health, in particular, how liberal and communitarian concepts have been used in the process of health reform in Thailand.It is evident that the present concepts and systems of human rights have been significantly influenced by Western political philosophies. In classical liberal theory, in order for the rights of individuals to be protected, the State must refrain from intervention. Negative rights – political and civil rights - must be respected. This concept has been argued against by other liberal theorists who consider that liberty brings about inequality and injustice. For the individuals to realize their very basic rights, the State must fulfill its obligations by guaranteeing some rights which enable individuals to maintain dignity and well-being. Positive rights - economic, social and cultural rights, or welfare rights – require positive action by the State. Rights are therefore indivisible and interdependent.Liberalists consider only individuals are rights holders; however, the communitarians argue that communities, groups and society can be also holder of rights; and those rights demand obligations by the State. Communities and societies, by virtue of their being a “person” by themselves, can act and have relationships to rights. In their view, insisting on individual rights is acceptable under the condition that the rights of community are recognized.The right to health, a very basic human right, is morally and legally recognized in all societies. The right to health is in general an individual’s right, arising from the sovereign right one has over one’s life and mind in particular. Well being and living standard of individuals can be realized only if both positive and negative rights are respected and fulfilled. In general, the right to health is closely related to liberal concept of rights. There is, however, an increasing trend to consider that necessary conditions for an individual’s well-being and right to health can be materialized only if community rights are respected and protected. In Thailand, the introduction of modern medicine allows the State to control the rights and life of both individuals and communities. The rights to health have been, for decades, determined by the State. The health reform process initiated some years ago is based mainly on liberal concepts, but while attempting to integrate communitarian concepts. For the success of health reform, the power relationships between the State, individuals, and community must be revisited. Rights to meaningful participation of both individuals and community should be the key to health reform. In order to achieve this a paradigm shift must occur in the health system of Thailand.
