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- Title
Dutifully Defying Death: A Right to Life-saving Emergency Treatment.
- Authors
Lui, Edward
- 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.
- Subjects
RIGHT to health; LIFE support systems in critical care; EMERGENCY medical services; INTERNATIONAL Covenant on Economic, Social &; Cultural Rights (1966); DOMESTIC courts &; international law; JUSTICIABILITY (International law)
- Publication
Medical Law Review, 2021, Vol 29, Issue 2, p233
- ISSN
0967-0742
- Publication type
Article
- DOI
10.1093/medlaw/fwab009