Alejandra Zúñiga-Fajuri

Alejandra Zúñiga-Fajuri
Universidad de Valparaíso (Chile) | CINV · Escuela de Derecho

PhD

About

56
Publications
12,512
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302
Citations
Introduction
Ph.D. Professor at the Valparaíso University, in Chile. Co-author, with Pablo de Lora, of the book The Right to Health Care. An Analysis from the Theories of Distributive Justice" (Iustel, 2009) and the book" and the book Course of Law Philosophy with Squella and Villavicencio (Legal Publishing, 2012). Author of several articles on political philosophy, bioethics and human rights.
Additional affiliations
March 2008 - present
Universidad de Valparaíso (Chile)
Position
  • Titula
March 2005 - March 2007
Temuco Catholic University
Position
  • Professor (Full)
March 2000 - March 2002
Universidad Diego Portales
Position
  • Professor (Assistant)

Publications

Publications (56)
Chapter
The paper is a critical review of the latest bills submitted to the Chilean Congress to legislate on so-called neuro-rights. The main purpose is to prove that, camouflaged behind philosophical and scientific simplifications, the bills lack the minimum justification requirements given by the Legisprudential theory. The idea of "neuro-rights" is base...
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A Savior Sibling is a child who is born to provide an organ, bone marrow or cell transplant, to a sibling that is affected with a fatal disease. There are created with the in vitro fertilization and pre-implantation genetic diagnosis and, in the process, the ethical standards for organ donation of children become less demanding. Therefore, we propo...
Article
Chile made several legal, practical and educational changes to the organ donation and transplant system in recent years, to improve its results. However, studies evaluating these reforms and suggesting further corrections are still pending. Our aim is to assess the new regulations and their reception by both the population and health care providers...
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This paper reviews the close connection between unwillingness to donate and a perception that organ allocation is driven not by medical need but by ostensibly unfair factors, such as status, income, ethnicity, or connections. The lack of organs for transplantation is one of the biggest hurdle facing transplantation systems worldwide and transplanta...
Article
Paucity of information on how waiting lists are managed and limited resources allocated is all too common across most fields of medicine. Organ transplantation is front and center among areas where non-transparency and the attendant perception of injustice causes the most damage, with studies showing a close link between the refusal to donate organ...
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Chile became the third country in the world (after Israel and Singapore) to introduce the rule of reciprocity to receive an allograft. This means that if an individual opts for not being an organ donor, loses priority to receive a transplant. Despite the difficulties associated with its implementation, the recent Chilean reform that also incorporat...
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Chile became the third country in the world (after Israel and Singapore) to introduce the rule of reciprocity to receive an allograft. This means that if an individual opts for not being an organ donor, loses priority to receive a transplant. Despite the difficulties associated with its implementation, the recent Chilean reform that also incorporat...
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Violence and marginalization of women is a cross-reality, occurs in all countries of the world, including those classified as "developed". To understand this phenomenon we analyze how gender is a form of underlying oppression that influence the way we organize and distribute power and, indeed, the way we understand the law. This paper attempts to m...
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Abstract Chile, a middle-income country, recently joined Israel and Singapore as the world’s only countries to require reciprocity as a precondition for organ transplantation. The Chilean reform includes opt-out provisions designed to foster donation and priority for organ transplantation for registered people. Although the reform has had serious d...
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This paper reviews the current status of women's political participation with the most recent studies that demonstrate the power and strength of the prejudices that hinder equality. We analyze the doctrine of equality rights explaining why it is necessary to apply social compensation measures, and mechanisms to ensure true representation. Finally,...
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The Chilean health care system is in crisis. Since the recent ruling of the Constitutional Court that declared the risk rating (actuarial insurance) of private health insurers unconstitutional, all of the social actors related to health care have tried to agree on a legislative reform that would overcome the existing highly segmented and inequitabl...
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Abstract: Private health insurance should be able to provide coverage to people considered “high risk”, such as women and the elderly. The only way to do that is to organize implicit or explicit cross-subsidies from low to high-risk individuals. This paper examines how European private health insurance introduced regulatory measures include open en...
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Private health insurance should be able to provide coverage to people considered as high risk, such as women and the elderly. The only way to do that is to organize implicit or explicit cross-subsidies from low to high-risk individuals. This paper examines how European private health insurance companies introduced regulatory measures that could be...
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This paper discusses the moral dilemmas associated with the distribution of scarce resources, such as healthcare, in regard to Marx's principle of needs. It seeks to respond to the difficulties that conceptualization and boundaries of the concept of needs involve. We also study the ethical implications of giving space to personal responsibility or...
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The scope of this study is to question the fact that in some countries in Latin America (Chile, El Salvador, Nicaragua, Honduras and the Dominican Republic) abortion is still forbidden in all situations. Even after all the debate on this thorny issue, the theory of human rights is not often used in the defense of abortion. This is clearly related t...
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Se analizan los dilemas morales asociados con la distribución de recursos escasos -como el cuidado sanitario- en atención al principio de las necesidades de Marx, para lo cual se intenta responder a las dificultades que presenta tanto su conceptualización como su delimitación. Se estudian, además, las consecuencias éticas de reconocer un espacio al...
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This paper reviews the current status of women's political participation with the most recent studies that demonstrate the power and strength of the prejudices that hinder equality. We analyze the doctrine of equality rights explaining why it is necessary to apply social compensation measures, and mechanisms to ensure true representation. Finally,...
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Con la convicción de que las interpretaciones judiciales valen sobre todo por la fuerza de su autoridad más que por la autoridad de su fuerza –es decir, por la autoridad de sus argumentos y no sólo por su mera fuerza jurídico-formal–, este artículo se adentra en la discusión sustantiva de las razones argumentadas en la sentencia de la Corte Interam...
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Resumen: Ninguna otra persona, en ninguna situación, es obligada a realizar el acto supererogatorio que se exige a la mujer embarazada. Aun cuando una adecuada aplicación de la teoría general de los derechos humanos permite reconocer el derecho al aborto durante los dos primeros trimestres del embarazo sobre la base de que los derechos sólo pueden...
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http://www.revistamedicadechile.cl/ojs/index.php/rmedica This paper analyzes the constitutional problems that the private health system has faced as a result of the recent decisions of the Constitutional Court and the Supreme Court of Chile in defense of the right to health care and nondiscrimination. It also reviews the comparative literature on...
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This paper discusses the moral dilemmas associated with scientific advances that require rethinking the concept of fair equality of opportunity. It also reviews the philosophical discussion about the origin of the genetic and social disadvantages that allow for social inequalities. Keywords : genetics; justice; merit; opportunity.
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Private health insurance systems, constitution and the right to receive an equitable health care This paper analyzes the constitutional problems that the private health system has faced as a result of the recent decisions of the Constitutional Court and the Supreme Court of Chile in defense of the right to health care and nondiscrimination. It also...
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http://www.scielo.cl/scielo.php?pid=S0034-98872013000100018&script=sci_arttext
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DWORKIN'S DISTRIBUTIVE THEORY AND THE RIGHT TO HEALTH CARE http://www.scielo.cl/scielo.php?pid=S0718-97532013000100013&script=sci_arttext ABSTRACT: This essay reviews the health distribution theory of the American philosopher Ronald Dworkin, which is developed under the premise of reducing the expenses about health through a service based on the...
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HEALTH INEQUALITY, LIBERTARIANISM AND EGALITARIANISM http://www.politicaygobierno.cide.edu/noticias.htm Summary: Health care systems in Chile and the U.S. are in crisis. That is why we need to reexamine the problem of the social determinants of health inequalities and the arguments of the libertarian theory of justice (Nozick) that reject the leg...
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Health care systems in Chile and the U.S. are in crisis. That is why we need to reexamine the problem of the social determinants of health inequalities and the arguments of the libertarian theory of justice (Nozick) that reject the legitimacy of the redistribution of social resources and leaves the demands of a universal minimum to health care to c...
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Resumen: Un modelo de adjudicación de recursos sanitarios, que recoja la experiencia comparada y los análisis desarrollados en la literatura especializada, debe partir de la premisa de que la aplicación de mecanismos de exclusión abiertamente discriminatorios de pacientes —como ocurre con los criterios de racionamiento del Plan AUGE relacionados co...
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A model for adjudication of health care resources which gathers the comparative experience and the analysis developed by specialized literature, must start from the premise that the application of exclusion mechanisms of patients openly discriminatory -such as those happening with rationing criteria by Plan AUGE related to the age of patient, his/h...
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This paper analyze the conditions under which the restriction of women's human rights it is consistent with general theory of human rights. Next, examined if it's possible recognize a legally protected interest in the fetus that supports limiting women's rights, in relation with fetus different stages of development. Finally, it briefly reviews the...
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Abstract The article analyzes the moral dilemmas associated with death and carries out a reflection on the questions that arise when death is considered trivial from the perspective of the individual who dies. Additionally, the article analyzes the ethical and legal consequences of acknowledging the moral autonomy of those who, in extreme circumst...
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Abstract: Rationing criteria in health care establish by AUGE, in Chile, are based, mainly, in maximum efficiency, contrary to the equity principle, which should sustain health care policies in democratic societies. For the application and justification of health care rationing techniques is required not only a medical science and health care econo...
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Rationing criteria in health care establish by AUGE, in Chile, are based, mainly, in maximum efficiency, contrary to the equity principle, which should sustain health care policies in democratic societies. For the application and justification of health care rationing techniques is required not only a medical science and health care economy reflect...
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This essay examines the proposals developed by two of the main theories of distributive justice -libertarianism and egalitarian liberalism- with the purpose of reviewing the possible moral foundations of the right to health care. While libertarianism –which supports "health care mercantilism"- guarantees the idea that the State leaves the distribut...
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"Theories of distributive justice: a moral foundation of the right to healthcare" http://redalyc.uaemex.mx/src/inicio/ArtPdfRed.jsp?iCve=10515210008 Abstract: This essay examines the proposals developed by two of the main theories of distributive justice -libertarianism and egalitarian liberalism- with the purpose of reviewing the possible moral...
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http://www.scielo.cl/scielo.php?script=sci_issuetoc&pid=0718-095020110002&lng=es&nrm=iso This paper analyze the conditions under which the restriction of women's human rights it is consistent with general theory of human rights. Next, examined if it's possible recognize a legally protected interest in the fetus that supports limiting women's right...
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Se analizan los dilemas morales asociados a la muerte, para reflexionar sobre los interrogantes que surgen al calificarla como un hecho banal desde la perspectiva de quien muere. Se estudian, además, las consecuencias éticas y jurídicas de reconocer autonomía moral a quienes deciden, en circunstancias extremas, tomar por sí mismos la decisión de cu...
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This paper analyzes the relationship between the right to life and the right to health care in relation with doctrine, jurisprudence and recent legislative reforms. Legal practice around both rights as well the influence of AUGE Health Care Reform allows analyze the content of the right to life and the relationship with health care right in the Con...
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The right to health care protection still seems to require a justification against the public powers that refuse to guarantee equally to all people. This paper tries, from the Theory of Justice of John Rawls, to insist on the powerful moral arguments that tries to found that the sanitary care is a "essential basic right".
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El presente trabajo analiza la relación que existe entre el derecho a la vida y el derecho a la protección de la salud a la luz de la doctrina, jurisprudencia y recientes reformas legislativas. Se razona en torno a las prácticas jurisprudenciales relativas a ambos derechos así como la influencia que, sobre el contenido del derecho a la protección d...
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This essays review some conclusive argument to defend social, economic and cultural rights, as well of those reasoning that analyzed and reveal the abuse and ages distinction that have been wanted to maintain that difference. Along with the revision of the controversy around "General Positive Duties", conclude that the satisfaction of basic needs,...
Book
Breve reseña de la obra: Desde su llegada a la presidencia de los Estados Unidos a principios del año 2009, Barack Obama se afana por lograr un sueño largamente anhelado por muchos ciudadanos de aquél país: garantizar cobertura sanitaria a toda la población estadounidense, es decir, hacer efectivo el derecho a la asistencia sanitaria, una prestació...
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This essay review, first of all, some of the moral dilemmas usually associated to the new possibilities of dying that have arisen through the development of the medical technique in the last few years. There are important ethical issues related with the possibility of delaying artificially the death. That is true for those who wish to continue livi...
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Abstract: (http://www.scielo.cl/scielo.php?pid=S1726-569X2008000200007&script=sci_arttext) This paper review some of the most important mechanisms of allocating health care resources proposed by "Health Economy". It examines the views of cost-benefit analysis and the use of quality-adjusted life-years, or QALYs, as a measurement that intents to re...
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This essay intends to justify, from the point of view of equality —as it has been stated in the Chilean Constitution— a system of electoral quotas that helps to reverse the limited participation of women in public life. The paper describes the basic concepts of discrimination and affirmative action. In addition, it analyzes the principle of equalit...
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This work considers the allocation methods of scarce medical resources budgeted for "health economics". Cost-benefit models and the criteria QALY (Quality-Adjusted Life-Years) are analyzed as allocation methods that propose to resolve ethical dilemmas related to an economic distribution that seems to prioritize efficient results over more equitable...
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This essay intends to justify, from the point of view of equality - as it has been stated in the Chilean Constitution - a system of electoral quotas that helps to reverse the limited participation of women in public life. The paper describes the basic concepts of discrimination and affirmative action. In addition, it analyzes the principle of equal...
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Full-text available
Through the classification of health care systems in terms of their financing, number of stakeholders and consequences for health care equity, this essay pretends to analyze some of the changes that have taken place in Chile due to the health care reform system "AUGE" (Universal Access to Explicit Guarantees). Pending tasks are examined for convers...
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Through the classification of health care systems in terms of their financing, number of stakeholders and consequences for health care equity, this essay pretends to analyze some of the changes that have taken place in Chile due to the health care reform system "AUGE" (Universal Access to Explicit Guarantees). Pending tasks are examined for convers...
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Tesis doctoral inédita. Universidad Autónoma de Madrid, Facultad de Derecho, Departamento de Derecho Público, Ciencia Política y Filosofía Jurídica. Programa de Doctorado de Derecho Fundamentales, 2006 Bibliogr.: p. 327-339

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Projects (2)
Project
Salud mental infantil como garantía explicita en salud.
Project
Grupo de trabajo CLACSO