Human rights and COVID-19 triage: a comment on the Bath protocol

Vivek Bhatt, Sabine Michalowski, Aaron Wyllie, Margot Kuylen, Wayne Martin

Research output: Contribution to journalArticleAcademic

Abstract

In their discussion paper of November 2020, Cook et al present a draft protocol for navigating circumstances in which emergency services are overwhelmed. Their paper suggests that COVID-related triage decisions should be based on clinical assessment, patient and family consultation, and a range of ethical considerations. In this response, we note that the protocol exhibits an ambiguity that is likely to result in irresolvable dilemmas when put into practice. This ambiguity is exemplified in the paper's prime ethical imperative (to save more lives and more years of life'), which takes the form of an undefined conjunction whose practical implications are left unspecified. We see this ambiguity in the prime imperative as one manifestation of a broader set of tensions in the protocol. We show that the discipline of human rights provides an essential supplement to the ethical framework on which Cook and colleagues rely, providing a framework for understanding and working through triage dilemmas involving age, discrimination and equality.

Original languageEnglish
Pages (from-to)464-466
Number of pages3
JournalJournal of Medical Ethics
Volume47
Issue number7
DOIs
Publication statusPublished - 1 Jul 2021
Externally publishedYes

Bibliographical note

Funding Information:
Contributors The arguments advanced in this response were developed through a series of discussions among the co-authors. The response was jointly drafted by VB and WM, with VB predominantly contributing human rights analysis and WM predominantly contributing ethical analysis. Each draft of the response was reviewed by all co-authors and revisions were made to reflect their input. Funding Support for the research presented here was provided by the Arts and Humanities Research Council under the UKRI COVID-19 Rapid Response funding scheme. Grant number: AH/V012770/1 (“Ensuring Respect for Human Rights in Locked-Down Care Homes”).

Publisher Copyright:
©

Keywords

  • COVID-19
  • ethics
  • ethics committees/consultation
  • resource allocation
  • rights

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