State Human Rights Obligations Regarding the Distribution of Scarce Health Resources

This report offers a comprehensive overview of case law concerning the rights to life, health, and nondiscrimination in international, regional, and national systems. The focus is on States’ positive obligations to protect the rights to life, health, and nondiscrimination in the context of access to health care, denial of treatment, protection and prioritization of vulnerable populations, and allocation of scarce health and other resources.

The report was commissioned by the Open Society Justice Initiative to support a legal complaint against Bulgaria over the conduct of its COVID-19 vaccination program. It was researched and written by John Harrington, professor of global health law, and Asteropi Chatzinikola, doctoral researcher, Cardiff University.