Access to Pain Management as a Human Right.
Frank Brennan1, Diederik Lohman1, Liz Gwyther1
1Frank Brennan is with St George and Calvary Hospitals, Sydney, Australia. Diederik Lohman is with Human Rights Watch, New York, NY. Liz Gwyther is with the Hospice Palliative Care Association of South Africa, Cape Town, Republic of South Africa.
American Journal of Public Health
|September 17, 2020
Summary
Access to pain management is increasingly recognized as a human right. This paper examines the legal basis for this right and governmental obligations concerning acute, chronic, and cancer pain, considering global access issues.
Area of Science:
- Human Rights Law
- Pain Medicine
- Public Health Policy
Background:
- The concept of access to pain management as a human right has gained significant traction.
- Initially driven by individual advocacy, it is now supported by pain medicine, palliative care, and human rights organizations.
- International bodies like the United Nations have integrated this concept into human rights standards.
Purpose of the Study:
- To review the legal foundations of the right to pain management.
- To analyze governmental obligations related to providing pain management.
- To examine this right within the context of acute, chronic non-malignant, and cancer pain, and in light of global pain and opioid crises.
Main Methods:
- Legal analysis of the right to pain management.
- Examination of governmental obligations under international and national law.
- Review of existing literature and human rights reports.
Main Results:
- The right to pain management is increasingly recognized in legal and human rights frameworks.
- Governments have obligations to ensure access to pain management across different pain types.
- Inadequate access to pain management and the opioid crisis highlight challenges in fulfilling this right.
Conclusions:
- The legal and ethical basis for access to pain management as a human right is well-established.
- Fulfilling this right requires addressing systemic barriers and the opioid crisis.
- Strengthening legal frameworks and policies is crucial for ensuring universal pain management access.
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