The principles discussed by Emanuel et al. to allocate scarce resources such as beds and ventilators in the intensive care unit (ICU) during the COVID-19 crisis present a major problem. The authors recommend that health care workers in ICUs act in a way that strives to save the most life-years. To meet the requirements of the law, the principles must also uphold the protected rights of all persons. These rights include those of the weak, old and disabled.