Dutifully Defying Death: A Right to Life-saving Emergency Treatment
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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.
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2020 ◽
Vol 26
(2)
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pp. 134-140
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2017 ◽
Vol 38
(2)
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pp. 831-853
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2005 ◽
Vol 1
(2)
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pp. 129-146
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2012 ◽
Vol 40
(2)
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pp. 268-285
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