Ethics: Rights Flashcards
What is a right?
A right is as a tool for making claims against others
Legal versus moral rights
Idea of two different rights or duties in a legal and moral sense, but when moral rights are large enough, some think they should be put into law
10 codes for rights under the HDC ***
1) To be treated with respect: includes privacy respected, beliefs respected
2) To be treated fairly (freedom from discrimination, coercion)
3) To be treated with dignity and independence
4) To receive good care and support that suits your need
5) To be told things in a way you understand
6) To be told everything you need to know about your care and support
7) To make choices about your care and support
8) To have support
9) To want to be a part of training or research
10) To make a complaint
Right definition
They are entitlements (not) to perform certain actions or be in certain states, or entitlements that others (not) perform certain actions or be in certain states.
Structure of a rights claim
Subject: The rights holder
Content: what the right refers to
Object: the person/body against whom the right is held.
4 types of rights (hohfeldian incidents)
1) Claims: a right that asserts an entitlement for something from another party. Claims entail duties in others
2) Privileges (liberty): A sphere of freedom within which the subject can decide how to act. Does not entail duties on anyone else.
3) Powers: The ability to alter the portfolio of claims; privileges or immunities that you or others have
4) Immunities: A sphere of freedom within which the subject can be assured that no one can exercise power on their portfolio of claims and privileges.
Right 1
To be treated with respect: Including privacy, services that take into account beliefs, religion, cultural things.
Right 2
Right to freedom from discrimination, coercion, harassment and exploitation
Right 3
Right to Dignity and independence
Right 4
Right to services of an appropriate standard: Reasonable care and skill; services comply with legal standards; consistent with patients needs.
Right 5
Right to effective communication: Whatever form of communication consumer can understand; in an environment where communication can openly occur
Right 6
Right to be fully informed: honest information, full information about tests, why they are there etc
Right 7
Right to make an informed choice and give informed consent: when no competent, must seek whatever is in the best interests of the consumer
Right 8
Right to support: Unless safety is compromised
Right 9
Rights in respect to teaching and research
