LUGANSK STATE MEDICAL UNIVERSITY CHAIR OF SOCIAL MEDICINE ORGANISATION

& ECONOMICS OF PUBLIC HEALTH

Lecturer of group: Assist.Prof.Korzikova Olga Anatolivna

Head of Chair : Prof.Bespoludina Galina Vasilevna

TOPIC:

Rights Of A Patient & A Child

From The Position Of International Law

Surname: George Dhas Name: Jawahar George Group: 44 Year:4th

Lugansk 2010

RIGHTS OF A PATIENT

CHAPTER 1

HUMAN RIGHTS AND VALUES IN HEALTH CARE Everyone has the right to respect of his or

her person as a human being Everyone has the right to self-determination Everyone has the right to physical and

mental integrity and to the security of his or her person.

Everyone has the right to respect for his or her privacy

Everyone has the right to have his. or her moral and cultural values and religious and philosophical convictions respected

Everyone has the right to protection of health

INFORMATION Information about health services and how best to use

them is to be made available to the public in order to benefit all those concerned

Patients have the right to be fully informed about their health status, including the medical facts about their condition; about the proposed medical procedures, together with the potential risks and benefits of each procedure; about alternatives to the proposed procedures, including the effect of non-treatment; and about the diagnosis, prognosis and progress of treatment.

Information may only be withheld from patients exceptionally when there is good reason to believe that this information would without any expectation of obvious positive effects cause them serious harm.

Patients have the right not to be informed, at their explicit request.

Patients have the right to choose who, if any one, should be informed on their behalf

Patients should have the possibility of obtaining a second opinion. Cont…

INFORMATION

Patients should be able to request and be given a written summary of their diagnosis, treatment and care on discharge from a health care establishment.

CONSENT The informed consent of the patient is a prerequisite for any

medical intervention A patient has the right to refuse or to halt a medical intervention.

The implications of refusing or halting such an intervention must be carefully explained to the patient

When a patient is unable to express his or her will and a medical intervention is urgently needed, the consent of the patient may be presumed

When the consent of a legal representative is required and the proposed intervention is urgently needed, that intervention may be made if it is not possible to obtain, in time, the representative's consent.

When the consent of a legal representative is required, patients must nevertheless be involved in the decision-making process to the fullest

extent which their capacity allows. Cont…

CONSENT

The consent of the patient is required for the preservation and use of all substances of the human body. Consent may be presumed when the substances are to be used in the current course of diagnosis, treatment and care of that patient

The informed consent of the patient is needed for participation in clinical teaching.

The informed consent of the patient is a prerequisite for participation in scientific research. All protocols must be submitted to proper ethical review procedures. Such research should not be carried out on those who are unable to express their will, unless the consent of a legal representative has been obtained and the research would likely be in the interest of the patient.

CONFIDENTIALITY AND PRIVACY

All information about a patient's health status, medical condition, diagnosis, prognosis and treatment and all other information of a personal kind must be kept confidential, even after death.

Confidential information can only be disclosed if the patient gives explicit consent or if the law expressly provides for this. Consent may be presumed where disclosure is to other health care providers involved in that patient's treatment.

All identifiable patient data must be protected. The protection of the data must be appropriate to the manner of their storage. Human substances from which identifiable data can be derived must be likewise protected.

Patients have the right of access to their medical files and technical records and to any other files and records pertaining to their diagnosis, treatment and care and to receive a copy of their own files and records or parts thereof.

Cont…

CONFIDENTIALITY AND PRIVACY

Patients have the right to require the correction, completion, deletion, clarification and/or updating of personal and medical data concerning them which are inaccurate, incomplete, ambiguous or outdated, or which are not relevant to the purposes of diagnosis, treatment and care.

There can be no intrusion into a patient's private and family life unless and only if, in addition to the patient consenting to it, it can be justified as necessary to the patient's diagnosis, treatment and care.

Medical interventions may only be carried out when there is proper respect shown for the privacy of the individual.

Cont…

CONFIDENTIALITY AND PRIVACY

Patients admitted to health care establishments have the right to expect physical facilities which ensure privacy, particularly when health care providers are offering them personal care or carrying out examinations and treatment.

CARE AND TREATMENT

Everyone has the right to receive such health care as is appropriate to his or her health needs, including preventive care and activities aimed at health promotion. Services should be continuously available and accessible to all equitably, without discrimination and according to the financial, human and material resources which can be made available in a given society.

Patients have a collective right to some form of representation at each level of the health care system in matters pertaining to the planning and evaluation of services, including the range, quality and functioning of the care provided.

Cont…

CARE AND TREATMENT

Patients have the right to a quality of care which is marked both by high technical standards and by a humane relationship between the patient and health care providers.

Patients have the right to continuity of care, including cooperation between all health care providers and/or establishments which may be involved in their diagnosis, treatment and care.

In circumstances where a choice must be made by providers between potential patients for a particular treatment which is in limited supply, all such patients are entitled to a fair selection procedure for that treatment. That choice must be based on medical criteria and made without discrimination.

Cont…

CARE AND TREATMENT Patients have the right to choose and

change their own physician or other health care provider and health care establishment, provided that it is compatible with the functioning of the health care system.

Patients have the right to be treated with dignity in relation to their diagnosis, treatment and care, which should be rendered with respect for their culture and values.

Patients have the right to enjoy support from family, relatives and friends during the course of care and treatment and to receive spiritual support and guidance at all times.

Cont…

CARE AND TREATMENT

Patients have the right to relief of their suffering according to the current state of knowledge

Patients have the right to humane terminal care and to die in dignity

Patients Responsibility

Patients should know their rights from their physicians & every doctor should explain it to their patients without neglect.

CHAPTER 2

CHILD RIGHTS

Child

A “child' is a person below the age of 18, unless the laws of a particular country set the legal age for adulthood younger .

Non-discrimination

Whatever their race, religion or abilities; whatever they think or say, whatever type of family they come from. It doesn’t matter where children live, what language they speak, what their parents do, whether they are boys or girls, what their culture is, whether they have a disability or whether they are rich or poor. No child should be treated unfairly on any basis.

Best interests of the child

The best interests of children must be the primary concern in making decisions that may affect them. All adults should do what is best for children. When adults make decisions, they should think about how their decisions will affect children.

Protection of rights Governments have a responsibility to

take all available measures to make sure children’s rights are respected, protected and fulfilled. This involves assessing their social services, legal, health and educational systems, as well as levels of funding for these services. Governments are then obliged to take all necessary steps to ensure that the minimum standards set by the Convention in these areas are being met. They must help families protect children’s rights and create an environment where they can grow and reach their potential.

Survival and Development

Children have the right to live. Governments should ensure that children survive and develop healthily.

Registration, Name, Nationality, Care

All children have the right to a legally registered name, officially recognised by the government. Children have the right to a nationality (to belong to a country). Children also have the right to know and, as far as possible, to be cared for by their parents.

Preservation of Identity

Children have the right to an identity – an official record of who they are. Governments should respect children’s right to a name, a nationality and family ties

Separation from Parents

Children have the right to live with their parent(s), unless it is bad for them. Children whose parents do not live together have the right to stay in contact with both parents, unless this might hurt the child.

Respect for the views of the child

When adults are making decisions that affect children, children have the right to say what they think should happen and have their opinions taken into account. This does not mean that children can now tell their parents what to do.

Freedom of Expression

Children have the right to get and share information, as long as the information is not damaging to them or others. In exercising the right to freedom of expression, children have the responsibility to also respect the rights, freedoms and reputations of others. The freedom of expression includes the right to share information in any way they choose, including by talking, drawing or writing.

Freedom of Thought, Conscience and Religion

Children have the right to think and believe what they want and to practise their religion, as long as they are not stopping other people from enjoying their rights. Parents should help guide their children in these matters.

Freedom of Association

Children have the right to meet together and to join groups and organisations, as long as it does not stop other people from enjoying their rights. In exercising their rights, children have the responsibility to respect the rights, freedoms and reputations of others.

Right to Privacy

Children have a right to privacy. The law should protect them from attacks against their way of life, their good name, their families and their homes.

Protection from all forms of violence

Children have the right to be protected from being hurt and mistreated, physically or mentally.

References

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^ Ahearn, D., Holzer, B. with Andrews, L. (2000, 2007) Children's Rights Law: A Career Guide. Harvard Law School. Retrieved 2/23/08.

^ Mangold, S.V. (2002) "Transgressing the Border Between Protection and Empowerment for Domestic Violence Victims and Older Children: Empowerment as Protection in the Foster Care System," New England School of Law. Retrieved 4/3/08.

^ "Respecting children's rights at home", Children and Families in Canada. Retrieved 2/23/08. ^ (1997) "Children's rights in the Canadian context", Interchange. 8(1-2). Springer.