Realisation of the right to emergency medical treatment in Kenya
Date
2020-11
Authors
Bwibo, Enos Adieri
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
The Constitution of Kenya ushered in a plethora of reforms on human rights including the right to emergency medical treatment. Seeing as constitutions only embed general principles to govern a country, the Kenyan Constitution does not expound on how this right is to be enforced and implemented. Accordingly, this study seeks to establish Kenya’s duty to ensure the realisation of
the right to emergency healthcare by interrogating Kenya’s emergency medical treatment system within the legal framework. In addition, the study seeks to assess ways in which Kenya can enhance its duty to realise the right to emergency medical treatment. This will be assessed in the case studies of the United States of America and India by looking into the legal issues that
emerge from the right to emergency medical treatment.
Description
The right to emergency medical treatment owes its foundation from the right to health. Accordingly, health is a core aspect of human living. 1 The World Health Organization (WHO) states that everyone has a fundamental right to enjoy the highest attainable standard of health as it allows the flourishing of other rights. 2 It is from this, that the World Health organization states
that health is a state of complete physical, mental, and social wellbeing, and not merely the absence of disease.