Health as a Human Right

• 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?