Dáil Éireann Debate, Wednesday - 20 May 2020
776. Deputy Seán Haughey asked the Minister for Health if Article 2 of the European Convention of Human Rights dealing with the right to life will be taken into account when preparing guidelines in respect of ethical decision making by health professionals during the Covid-19 pandemic; and if he will make a statement on the matter. [6612/20]
Amharc ar fhreagraArticle 2 is one of the European Convention on Human Rights (ECHR’s) most fundamental Articles and is non-derogable. Article 2(1) places an obligation on the State not only to refrain from the intentional and unlawful taking of life but also to take appropriate steps to safeguard the lives of those within its jurisdiction.
The Ethical Framework for Decision Making in a Pandemic published by the Department of Health on 27th March seeks to ensure that public health measures in response to a pandemic are implemented in a manner that is equitable, reasonable, proportionate, in compliance with national and international law (including the ECHR) and which does not discriminate against particular groups or individuals. The ethical framework sets out clear ethical principles that will guide people in acting so as to produce the greatest good, to ensure the best use of resources and to ensure fairness. It also sets out the values or principles governing how decisions are going to be made.
The positive obligation of Article 2 finds its expression in particular in the ethical principles of minimising harm, duty to provide care and reciprocity contained in the Framework. Building on the Framework, on April 7th the Department published the “Ethical Considerations Relating to Critical Care in the context of COVID-19”. In line with the principle of minimising harm, the document discusses the duty to use limited resources prudently and fairly to minimise the loss of life and suffering and produce the maximal benefit possible for individuals served by those interventions. The document makes clear that everyone is morally equally; that every life matters and that everyone should receive care. As per the procedural values outlines in the framework, any allocation procedure must be fair, clinically justified, transparent and documented. In recognition of the duty of care that State has regarding healthcare workers, the Department issued a paper entitled “Ethical Considerations for PPE Use by Health Care Workers in a Pandemic” on 21 April 21st which considers to what extent health care workers have an obligation to provide, or participate in the provision of, a medical intervention where there are constraints on supplies of PPE.
