Title: Enforcing right to emergency medical care in Bangladesh: overcoming the constitutional hurdles and filling the legislative gap

Authors: Md Ikra

Addresses: Department of Law, University of Information Technology and Sciences (UITS), Holding 190, Road 5, Block J, Baridhara, Dhaka-1212, Bangladesh

Abstract: Burgeoning events of the health sector in Bangladesh evidences the horrible chains of denial of emergency medical care. The actors, both private and public, employed in the sector are performing to provide health care to a huge number of populations with limited resources. Emergency medical care is being subjected to limited resources or is sometimes being shifted to one actor from another. The available instances offer a temporary sword to deal with cases of denial of emergency medical care but not sufficiently. As a last resort, constitutional provisions then remain as the only guardian that possesses the power to give redress in this regard. The enforcement process further invites constitutional provisions to come into further debates, and many of them are still under judicial discussion themselves. Harmonious construction bolstered by liberal interpretation of the constitution upholding human rights in all cases is argued to be the solution until effective legislation comes into effect.

Keywords: emergency medical care; fundamental rights; tortious liability; public law remedy; horizontal application; Bangladesh.

DOI: 10.1504/IJHRCS.2024.136082

International Journal of Human Rights and Constitutional Studies, 2024 Vol.11 No.1, pp.15 - 28

Received: 25 Jul 2022
Accepted: 26 Jul 2022
Published online: 16 Jan 2024 *

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