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A right to access to emergency health care: The European Court of Human Rights pushes the envelope

Nissen, Aleydis 2017. A right to access to emergency health care: The European Court of Human Rights pushes the envelope. Medical Law Review 26 (4) , pp. 693-702. 10.1093/medlaw/fwx059

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Abstract

This article argues that the European Court of Human Rights (ECtHR) seems to have recently acknowledged that there is a right to access to emergency health care in the member states of the Council of Europe. The Chamber of the ECtHR found that a state’s failure to design a regulatory framework that guarantees access to health care in emergency situations violates the substantial limb of Article 2 European Convention on Human Rights (ECHR) that protects the right to life. It is argued that the newly established requirements seem to be reasonable but that there seem to be no sufficient safeguards to ensure that the ECtHR does not substitute its own assessment for that of medical professionals.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > K Law (General)
K Law > KZ Law of Nations
Publisher: Oxford University Press
ISSN: 0967-0742
Funders: Cardiff University, Department of Law
Last Modified: 18 Jul 2019 09:16
URI: http://orca.cf.ac.uk/id/eprint/107553

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