Health as a Human Right

Article 25 of the 1948 UDHR and the Constitution of WHO are examples of positive expressions of health as a human right.

Using South University Online Library or the Internet, search for  “health as a human right, a perspective from the WHO,” put forth in the  UDHR. Conduct a research on this topic. Your research should include key  features of the decisions, investigations, and laws you analyzed during  the research.

Your research should also include answers to the following questions:

  • Analyze the purpose of Article 25 of the 1948 UDHR and the Constitution of the WHO.
  • In your opinion, do these two positive laws contradict the no-duty principle in the United States? Why or why not?
  • The term “the right to make informed health care decisions” is an  important health care right of patients that have the right to make  informed decisions about the direction of their care, including refusing  treatment. Give your views on this statement and support your answer  using relevant references.
  • Compare and contrast the terms “the right to make informed health care decisions” and “the right to health.”
  • In your opinion on life or death situations, do you think individuals should be allowed to refuse treatment? Why or why not?

After answering the above questions, read the following statement:

The Emergency Medical Treatment and Active Labor Act (EMTALA)  protects the rights of the poor and uninsured by stating that a hospital  cannot refuse emergency treatment because of the patient’s inability to  pay (patient dumping). Based on this statement, answer the following  questions:

  • Explain and analyze two key duties of hospitals under EMTALA.
  • What do you think would happen if a hospital administrator directed  an ambulance to take a patient to another hospital because the  individual is uninsured?
  • Explain what impact this act might have on private hospitals. How  does this act impact other publicly funded programs in the state?

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