Dear Prof Persaud,
I'm not so sure about your sweeping statement '....... the duty to preserve and safeguard life'.
If that is sacrosanct and holds true, why did this happen?
http://www.guardian.co.uk/uk/2010/may/18/jehovahs-witness-dies-refuse-blood-transfusion
Also, as you rightfully mentioned, Article 2 of the ECHR states that there is a ‘right to life’. There is a positive obligation upon the State to ensure that this right is respected. However, does this mean that there is a right to medical treatment? The positive obligation under Article 2 must be interpreted in a way that does not impose an impossible or disproportionate burden on the authorities. Therefore, although the State cannot be expected to fund every treatment, it must act reasonably in allocating resources.
The European Court in Osman v UK [(1998) 29 EHRR 245] said that there will be a range of policy decisions relating to the use of state resources which it will be up to the contracting states to assess on the basis of their aims and priorities, subject to these being compatible with the values of democratic societies and the fundamental rights guaranteed in the Convention.
This is a fascinating area for discussion.
Kind regards,
Ash
Dr Ash Paul
Medical Director
NHS Bedfordshire
21 Kimbolton Road
Bedford
MK40 2AW
Tel no: 01234897224
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________________________________
From: Albert Persaud <[log in to unmask]>
To: [log in to unmask]
Sent: Fri, 25 June, 2010 19:03:27
Subject: Re: Defibrillation and Dignity
Dear All,
There is an over- riding doctrine in LAW... the duty to preserve and safe guard life- (UK and ECHR)
I am not aware of any case (law) where those with such responsibilities being sanctioned for performing this duty. To the contrary- there are volumes on death and negligence.
Focus on the skills and successful outcomes of CPR rather than debates- keep good clinical notes- Courts are not nice places !!!
Albert.Persaud (Rtd)
Co-founder and Director.
The Centre for Applied Research and Evaluation- International Foundation. (careif)
Centre for Psychiatry
Wolfson Institute of Preventive Medicine
Barts and The London, Queen Mary's School of Medicine & Dentistry
Old Anatomy Building
Charterhouse Square
London EC1M 6BQ
England
CAREIF -Centre for Applied Research and Evaluation International
Foundation - is anInternational Mental Health Charity
Visit our website: http://www.careif.org
CAREIF with The World Association of Cultural Psychiatry announces the 3rd World Congress of Cultural Psychiatry
9-11th March 2012,at the Barbican in London Olympic Year, the theme being; Mental Capital, Mental Disorders, Resilience & Wellbeing - featuring bio-psycho-social, spiritual and cultural syntheses with a special focus on young people and life course approaches to research and health care. www.wacp2012.org
