Ethics Lectures Flashcards
What are the first three rights?
- To be treated with respect
- To be treated fairly
- To dignity and independence
What are rights 4-6?
- To receive good care and support that suits your needs
- To be told things in a way you understand
- To be told everything you need to know about your care and support
What are rights 7-10
- To make choices about your care and support
- To have support
- To decide if you want to be part of training, teaching or research
- To make a complaint
Whats the anatomy of a right?
● Subject - the right holder (who has the right)
● Object - the duty holder (the person/body against which the right is held)
○ Must be a person or institution composed of persons
● Content - what the right is to
What are the four types of rights?
- Liberties (privileges): Sphere of freedom in which a subject can choose to act. Devoid of duties.
- Claims: Rights that create duties.
- Immunities: (People dont have to oblige to)
- Powers: Comes with authority
What is the principle of the sanctity of life?
life has an intrinsic value and that is a value which commands respect
What are the types of values?
Intrinsic: i.e Not something with cash value.
Subjective: I.e kids paintings.
Instrumental: I.e a dishwashers value
What are the two trains of thought when it comes to the sanctity of life (SOL)?
Absolutist view: Life trumps all.
Prima facie view: we can respect it even if we act in ways that may shorten life
What values compete with SOL?
- Respect of autonomy
- Welfare principles: Beneficence and non-maleficence
- Principle of justice (consideration of costs and even distribution across care)
How is competence assessed when making decisions for others?
- An ability to understand information
- An ability to retain information (2b used)
- An ability to use information to make a decision
a. Includes ability to believe established facts
i. Example = anorexia nervosa patient does not believe they are in danger because of
not eating → grounds for incompetence - Practical requirement → able to communicate a decision
What is the Contraception, Sterilisation & Abortion Amendment Act 1990?
Children of any age can receive advice about contraception & abortion without parental consent. However, it is good practice, as it is in the child’s best interest, to discuss the preferability of involving parents. This is dependent on individual circumstances. The Act allows children in unsafe family situations to be protected.
What is the Care of Children Act 2004?
Over 16 = treated as though of full age.
Under 16 = guardian responsible for deciding for non-competent children.
Just means people over 16 years are less likely to have their treatment decisions scrutinised.
If the child (<16) is not deemed to be competent…..Usually the parent’s views about treatment carry weight and will be determining. However, treatment providers can sometimes believe that the course sought by the parents is not in the best interests of the child.
Whats the best interests principle?
Drs can apply to court if they think parents decision not in best interest.
The courts will apply the Best Interests Principle → their concern is to determine what treatment is in the child’s best interests.
The interests of parents are of secondary importance relative to the child’s best interests. Rights protecting parental interests (freedom of speech, religious practice etc) are delineated to exclude rights to act or make decisions that could adversely impact the child’s health or life.
The best course is to always work together towards consensus decisions
Even if a child is not competent, we should still gain the agreement of a child to treatment as that is in their best interests (assent = non-authorising agreement). In some cases, a child might forego a treatment that would have been in their best interest because enforcing it would have delivered more harm.
What is the rule of thumb when it comes to right 7; Right to make an informed choice and informed conset?
- Presume competence
- Inform and consult even when patient is not competent
- Best-interest principles apply when patient is not competent
- Views and preferences of patient are relevant
- Consult with whanau even when decision making authority does not apply
Whats the Protection of
Personal and Property
Rights Act (PPPR Act)
1988 ?
Sets out procedures for adults who are not competent
Includes procedures for court
to appoint welfare guardian
And procedures for adult to
nominate a power of attorney
Least intervention possible and promotes development of competence
