Medico-Legal & Bioethical Challenges for Protection of Human Rights in the Aftermath of the Pandemic

Abstract

The healthcare system is one of the most vital institutions in any society. The common man and particularly people working in the healthcare sector have faced a number of challenges and issues, which required the reexamining of the medico-legal and bioethical boundaries and guidelines followed so far. Several Bioethical Concerns arose in during and post pandemic period, in the backdrop of The Universal Declaration on Bioethics and Human Rights, adopted on the 19th of October 2005. Respect for human vulnerability, personal integrity, right to privacy and confidentiality were trampled upon. Several Legal concerns arose and practical application of medico-legal guidelines were sometimes required to be set aside or modified in clinical and hospital practices. Right to life itself was put at stake with the unavailability of medical resources to save every human life. The right to life is a fundamental right guaranteed to every person. The expansive interpretation of this intrinsic right includes the access to healthcare. By analogy every person has the right to have affordable access to basic life saving drugs and medicine. However this seemed to be distant dream for many unable to get access to health care due to inadequate medical resources. Access to the justice system becomes very crucial and lawyers had to be equipped for the legal transformation and set in motion the law, which many at times felt inadequate to give actual justice to the victims, the aggrieve, to alleviate several suffering arising out of the pandemic. Measures to close these gaps and advance human rights can ensure we fully recover to a world that is better and more resilient, just and sustainable. Respect for human rights across the spectrum, including economic and social rights, and civil and political rights, will be fundamental to the success of the public health response, in the future