Dutifully Defying Death: A Right to Life-saving Emergency Treatment

Edward Lui

Medical Law Review, 2021, vol. 29, issue 2, 233-251

Abstract: Article 12 of the International Covenant on Economic, Social and Cultural Rights provides for the right to health. Two questions are considered in this article. Does this right entail a more specific right to life-saving emergency treatment? And if so, should the latter right become justiciable in the domestic courts? Two propositions will be made in this article. First, the right to life-saving emergency treatment is a necessary component of the right to health. Second, the conventional arguments against the justiciability of socio-economic rights do not apply to the right to life-saving emergency treatment. Such a right should be justiciable at the domestic level.

Keywords: International Covenant on Economic; Social and Cultural Rights (ICESCR); International human rights; Life-saving emergency treatment; Resource allocation; Right to health; Socio-economic rights (search for similar items in EconPapers)
Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:oup:medlaw:v:29:y:2021:i:2:p:233-251.

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