Abstract

The delivery of emergency care is an effective strategy to reduce the global burden of disease. Emergency care cross cuts traditional disease-focused disciplines to manage a wide range of the acute illnesses and injuries that contribute substantially to death and disability, particularly in low- and middle-income countries. While the universal health coverage (UHC) movement is gaining support, and human rights and health systems are integral to UCH, few concrete discussions on the human right to emergency care have been taken place to date. Furthermore, no rights-based approach to developing emergency care systems has been proposed. In this article, we explore key components of the right to health (that is, availability, accessibility, acceptability and quality of health facilities, goods and services) as they relate to emergency care systems. We propose the use of a rights-based framework for the fulfilment of core obligations of the right to health and the progressive realization of emergency care in all countries.

Highlights

  • The global health community is recognizing the important role that emergency care plays in delivery of health services

  • By recognizing that stigmatization of people diagnosed with human immunodeficiency virus (HIV) created a marginalized population with reduced access to care, poor health outcomes and unchecked spread of disease, policy-makers were compelled to ensure basic human rights protections.[7]

  • In view of the obligations placed on governments to respect, promote and protect the right to the highest attainable standard of health, countries must prioritize the funding and implementation of emergency care systems

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Summary

Introduction

The global health community is recognizing the important role that emergency care plays in delivery of health services. The constitutions of South Africa (Article 27)[31] and Kenya (Article 43)[32] guarantee that no one may be refused emergency medical treatment, while legislation in the United States of America (Emergency Medical Treatment and Active Labour Act)[33] mandates that anybody who presents to an emergency department for care must be screened and stabilized before requesting payment Essential medicines are those that “satisfy the priority health care needs of the population.”[34] These medicines should be available in sufficient quantities and with assured quality at all times.[35] A government’s duty to provide access to essential medicines is already enshrined in several national constitutions.[36] A study in 2006 reported 59 court rulings from low- and middle-income countries in which access to essential medicines was successfully claimed under the right to health.[27] Timely access to essential medicines during an emergency is a key function of emergency care systems. Special attention must be paid to the quality of care delivered, protection of vulnerable populations, involvement of the community, transparency, methods for obtaining indicator data, and the intended use of the results to avoid unintentional violations of the rights of certain groups during the assessment process.[52,53]

Conclusion
Findings
23. CESCR General Comment No 14
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