Nissen Aleydis
Department of Law, School of Law and Politics, Cardiff University, Cardiff, UK.
Med Law Rev. 2018 Nov 1;26(4):693-702. doi: 10.1093/medlaw/fwx059.
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.
本文认为，欧洲人权法院（ECtHR）最近似乎已承认，在欧洲理事会成员国中存在获得紧急医疗保健的权利。欧洲人权法院分庭认定，一国未能设计出一个确保在紧急情况下获得医疗保健的监管框架，违反了《欧洲人权公约》（ECHR）第2条中保护生命权的实质性条款。有人认为，新确立的要求似乎合理，但似乎没有足够的保障措施来确保欧洲人权法院不会以自身的评估取代医学专业人员的评估。
