Abstract
DEFINITION OF THE PROBLEM: As we have all learned in recent years, a pandemic can produce shortages in intensive care units. In our jurisdiction, this has led to a ruling by the federal constitutional court, according to which the lawmaker has to provide better protection for persons with disabilities in the event of medical priority setting. ARGUMENTS: From an ethical perspective, this task requires a choice among various competing accounts on what exactly it is that makes a case of discrimination morally problematic. In addition, these accounts require amendments in order to encompass instances of indirect discrimination. CONCLUSION: As this article demonstrates by appeal to a number of concrete triage criteria, a moderate account of discrimination does the best job of focusing attention on the core of the current issues. Among these issues are the extent to which perceptions of persons with specific pre-existing challenges generally have an impact on the structure of their social interactions.