Insurance Law in Japan and the U.S.
“International Law guarantees physical and mental health to everyone, and includes healthcare with other rights such as right to shelter, food, education, which are essential to human lives.” — St. Thomas Law Review, Summer 2001
Even though International Law guarantees healthcare as a fundamental human right, many nations still remain not to recognize healthcare as a constitutional right. However, some countries such as Japan and Canada that do not consider healthcare as a constitutional right, established universal healthcare systems that guarantee healthcare to all its citizens. Comparing constitutional welfare rights and healthcare systems between the U.S. and Japan, I would like to explore what distinguishes these two nations in the implementation of their healthcare systems.
Both of the U.S. Constitution and the U.S. Bill of Rights identify economic and social rights as negative rights. Negative rights are the rights “protect the individual from intrusion by the state.” Judge Posner stated that “The men who wrote the Bill of Rights were not concerned that government might do too little for the people but that it might not do too much for them.” Interpretations of these two laws by the Supreme Court of the U.S. indicate that a government cannot obstruct individuals’ interests in the areas of economic and social rights in the U.S.
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