Edited By Indra Spiecker gen. Döhmann and Astrid Wallrabenstein
Kommentar: Primärprävention gegen Gesundheitsrisiken als Freiheitsrisiko: Prävention und Paternalismus
There have been various attempts to legislate prevention and health promotion. While the project failed in Switzerland 2012 after a remarkable debate due to the resistance of the Council of States, Germany passed a law in 2015, which obligates the health insurance to increase services concerning primary prevention and health promotion in the light of personal responsibility. The question that is currently being asked is, whether the state is actually wanted at all times when it comes to do good. Protecting the individual from itself by modifying the circumstances of decisionmaking to urge the individual to behave in the intended way may restrict its liberty rights. Trying to get to the bottom of this, the legitimacy of state nudging as an instrument of prevention has to be examined on the basis of a liberal Constitution.
I. Prävention als Freiheitsgefährdung?
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