In the healthcare context, the positive obligation to protect life1 requires the state to make regulations compelling hospitals, whether private or public, to adopt appropriate measures for the protection of patients' lives2. This involves ensuring that competent staff are recruited, that high professional standards are maintained and that suitable systems of working are put in place3. It also requires an effective independent judicial system to be set up so that the cause of death of patients in the care of the medical profession, whether in the public or the private sector, can be determined and those responsible made accountable
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