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5 The Relevant Human Rights Norms Applicable to the Work of Physicians in Armed Conflict

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Chapter Summary

This chapter scrutinizes the intersection and relationship of human rights and international humanitarian law in general, the application of human rights treaties extraterritorially and, lastly, provide an in-depth analysis of specific human rights provisions and their relevance for the treatment of those in need of medical care in armed conflict, namely the right to life, the right to health, the prohibition of torture and cruel, inhuman or degrading treatment, the prohibition of medical and scientific experimentation and the right to humane treatment. The examination concentrates on the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Regional treaties are addressed when relevant. Both ICCPR and ICESCR have been ratified almost universally. Amongst the countries that have not ratified the ICESCR are the USA and South Africa.

Keywords: armed conflict; human rights treaties; ICCPR; ICESCR; South Africa; USA

10.1163/9789004279162_007
/content/books/b9789004279162s007
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