HR standards as a foundation for human security and health policy : legal and ethical issues

Abstract

PURPOSE: The COVID-19 pandemic has resulted in the necessity for public authorities in all European countries to seek measures which would streamline combating threats to health and life while ensuring that the fundamental rights and values of their residents are respected. It appears that the right to healthcare in general, and the redistribution of the goods which are the most crucial for patients, in more specific terms, as well as decisions related to the final allocation of those goods, have become areas of conflict.

DESIGN/METHODOLOGY/APPROACH: In this article, we take note that the decision of an individual physician to undertake or abandon treatment is a critical dilemma to be faced in the light of respect for patient’s right to health and protection of life.

FINDINGS: The implementation of human rights standards (ECHR) for medical ethics requires taking into consideration the quality of health care services, the appropriate standard of health care, and equal rights of every patient and respect for such rights.

PRACTICAL IMPLICATIONS: A correct analysis of the ECHR Standards in question may contribute to the development of an appropriate health policy model based on the principles of respecting the rule of law, considering patients’ rights as well as physician independence. It should also take into consideration a call for the efficient allocation of public funds in health care.

ORIGINALITY/VALUE: The publication systematizes the most important issues of human rights standards in public healthcare system.