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Palliative care as an international human right
1Calvary Hospital, Sydney, New South Wales, Australia. fpbrennan@ozemail.com.au
Journal of Pain and Symptom Management
|May 8, 2007
Summary
Palliative care is increasingly recognized as a human right globally. This article explores the legal basis for this claim within international human rights law, analyzing government obligations.
Area of Science:
- Global Health
- Human Rights Law
- Palliative Care
Background:
- Significant global disparities exist in palliative care access and provision.
- The concept of palliative care as a human right has gained prominence in recent advocacy.
- Existing international frameworks may not explicitly address palliative care.
Purpose of the Study:
- To examine the legal foundation for asserting palliative care as a human right.
- To analyze the strengths and weaknesses of this assertion within international human rights law.
- To discuss the implications for governmental obligations.
Main Methods:
- Legal analysis of international human rights treaties and conventions.
- Examination of scholarly and advocacy literature on palliative care and human rights.
- Comparative review of national policies and legal interpretations.
Main Results:
- International human rights law provides a potential framework for palliative care rights.
- The assertion of palliative care as a human right faces legal and practical challenges.
- Governments have correlative obligations to ensure access to palliative care.
Conclusions:
- Palliative care can be grounded in existing international human rights principles.
- Further development of legal and policy mechanisms is needed to operationalize this right.
- Recognizing palliative care as a human right necessitates clear governmental action and accountability.
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