{"title":"Indirect Discrimination and the Hospital Relocation Cases","authors":"Brian Hutler","doi":"10.1111/japp.12740","DOIUrl":null,"url":null,"abstract":"This article develops a theory of indirect discrimination by analyzing a series of lawsuits that challenged hospital relocations in the 1970s. In these cases, civil rights groups argued that the relocation of hospitals from cities to suburbs was a form of racial discrimination. Although these lawsuits failed, I aim to support the plaintiffs' arguments that the hospital relocations were discriminatory. Drawing on three recent theories – those of Benjamin Eidelson, Deborah Hellman, and Sophia Moreau – I develop an account of indirect discrimination that is rooted in resource‐specific equality rights such as those found in international human rights law. Building on this account, I argue that the human right to health equity can explain why the hospital relocations were discriminatory.","PeriodicalId":47057,"journal":{"name":"Journal of Applied Philosophy","volume":null,"pages":null},"PeriodicalIF":0.7000,"publicationDate":"2024-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Applied Philosophy","FirstCategoryId":"98","ListUrlMain":"https://doi.org/10.1111/japp.12740","RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"ETHICS","Score":null,"Total":0}
引用次数: 0
Abstract
This article develops a theory of indirect discrimination by analyzing a series of lawsuits that challenged hospital relocations in the 1970s. In these cases, civil rights groups argued that the relocation of hospitals from cities to suburbs was a form of racial discrimination. Although these lawsuits failed, I aim to support the plaintiffs' arguments that the hospital relocations were discriminatory. Drawing on three recent theories – those of Benjamin Eidelson, Deborah Hellman, and Sophia Moreau – I develop an account of indirect discrimination that is rooted in resource‐specific equality rights such as those found in international human rights law. Building on this account, I argue that the human right to health equity can explain why the hospital relocations were discriminatory.