International Convention on Human Rights (ICHR)

The question who makes health care decisions is a good one. the answer is in some instances courts, but in most instances the legislature. One of the main concerns about the recognition of economic and social rights that are enforceable in courts of law is that the courts do not become super legislatures and have to decide questions such as what type of medical procedure is allowed. If there is a situation where there is no medical procedure at all and the legislature has not addressed the matter, then the court could order the legislature to create such procedures. In an emergency, the court may even order the procedure to be done. But typically, it would be left to the legislature to define the extent of the medical procedures that a person is entitled to. Unlike free speech or freedom of religion, where the Court solely determines the extent of the right without deference to the legislature, when it comes to health care, the court should be more deferential to the social and economic decisions made by legislatures. Still, in no instance should a person be left without any health care at all.