Disability Rights Concerns and Clinical Triage Protocol Development During the COVID-19 Pandemic

(Forthcoming, 2020) 40(4) Health Law in Canada 103-112

14 Pages Posted: 18 Aug 2020

See all articles by Trudo Lemmens

Trudo Lemmens

University of Toronto - Faculty of Law

Roxanne Mykitiuk

Osgoode Hall Law School

Date Written: August 17, 2020

Abstract

In the context of the COVID-19 pandemic a number of jurisdictions and authorities have drafted triage protocols to guide decision making in the face of severe shortage of ventilators and intensive care resources. Several of these have evoked debate about their compatibility with human rights standards, and in particular the rights of people with disabilities. In Canada, the Canadian Medical Association came out with a general Framework for Ethical Decision Making, while Ontario Health produced a draft Clinical Triage Protocol for Major Surge in COVID Pandemic. In this commentary we critically review both documents to determine how their development process and their substantive provisions align with approaches to substantive equality and the promotion of human rights of persons with disabilities. We offer a number of recommendations to ensure that the human rights of persons with disabilities are promoted in COVID-19 triage policies.

Keywords: discrimination, equality, health care, clinical triage, access to care, disability rights, COVID19, pandemic

Suggested Citation

Lemmens, Trudo and Mykitiuk, Roxanne, Disability Rights Concerns and Clinical Triage Protocol Development During the COVID-19 Pandemic (August 17, 2020). (Forthcoming, 2020) 40(4) Health Law in Canada 103-112, Available at SSRN: https://ssrn.com/abstract=3675742 or http://dx.doi.org/10.2139/ssrn.3675742

Trudo Lemmens (Contact Author)

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada

Roxanne Mykitiuk

Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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