Human Rights And Medical Ethics Flashcards

Question

Article 2: Right to life

Answer 1

Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law. Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary: (a) in defence of any person from unlawful violence; (b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; (c) in action lawfully taken for the purpose of quelling a riot or insurrection. When does life begin? Vo v France [2004] ECtHR • “The court has yet to determine the issue of the ‘beginning’ of ‘everyone’s right to life’ within the meaning of this provision and whether the unborn child has such a right.” Evans v UK [2007] • UK law does not recognise fetal rights • ECtHR: issue of when life begins falls within the ‘margin of appreciation’ which states enjoy. Legal cases results Right to life does not give a patient the right to demand a certain medical treatment which they would not otherwise receive – needs balanced vs society – cost etc. Art 2 does not confer a right to die Where there is an immediate risk of a detained mentally disordered patient committing suicide, the medical authorities have a duty under Art 2. To do all that can be reasonably expected to safeguard life

Answer 2

No one shall be subjected to torture or to inhuman or degrading treatment or punishment Court cases results A measure which is a therapeutic necessity cannot be regarded as inhuman or degrading Suffering which occurs on account of illness may be severe enough to risk being covered by Art. 3, and may risk being exacerbated by medical treatment for which authorities can be held responsible • This does not mean that there is a lawful opportunity for assisted suicide to avoid torture

Answer 3

Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save… The lawful detention of a peon after conviction by a competent court The lawful detention of persons for the preventions of the spreading of infectious diseases, or persons of unsound mind, alcoholics or drug addicts or vagrants… • To justify unsound mind, it must be established that: • There is objective medical evidence of unsound mind • The unsoundness of mind is of a degree or kind warranting compulsory detention, and • The unsoundness of mind persists throughout the patient’s detention

Answer 4

Everyone has the right to respect for his private and family life, his home and his correspondence There shall be no interference by a public authority.. except… necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others Legal cases • Poland 2007 • Failure to permit applicant to have a therapeutic abortion to protect her sight from deteriorating violated her right to a private life • Evans vs UK 2007 • UK did not breach Art 8 in requiring consent of both gamete donors for continued storage and use of an embryo. Woman’s right to respect for decision to become a parent balanced vs right of male partner to choose not to become a parent • Nicklinson vs MoJ 2014 currently UK Supreme Court • Blanket ban on assisted suicide may breach Art 8

Answer 5

Legal instruments with legally binding force E.g. HRA 1998, ECHR

Answer 6

Quasi legal instruments – no legally binding force E.g. UN Declaration of Human Rights Aspirational goals May harden into hard law Crucial role played in the development of universal norms in bioethics

Answer 7

Definitions of international law International conventions, whether general or particular, establishing rules expressly recognised by the contesting states International custom, as evidence of a general practice accepted as law The general principles of law recognised by civilised nations Judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law

Answer 8

Both bioethics and human rights see dignity as a key principle Concept of dignity is vague and contested Charles foster – “dignity is a slippery notion… some aspects of dignity are like the proverbial elephant: we know them when we see them, but they are difficult to describe Dignity as a term frequently used in human rights documents: but is not defined Dignity =/= human rights • Scope is potentially wider than respect for persons or human rights dependent on interpretation e.g. treat an embryo or corpse with dignity – neither has human rights or is a person

Answer 9

Often seen as a synonym for self-respect Not necessarily connected with bodily integrity – may be physically violated and still have dignity

Answer 10

Dignity comes from God All human beings equal in dignity – even the unborn Non-humans do not have this form of dignity

Answer 11

The human genome underlies the fundamental unity of all members of the human family, as well as the recognition of their inherent dignity and diversity…. Imperative not to reduce individuals to their genetic characteristics

Answer 12

Basis of dignity is in our ability to suffer Respect for dignity Obligation to prevent and not bring about unnecessary suffering Non-sentient beings do not possess all the rights that sentient beings do

Answer 13

Man… is not be values as a means to the ends of other people, or even to his own ends, but to be prized as an end in himself… he possesses a dignity… whereby he exacts the respect of all other rational beings in the world

Answer 14

Macklin – Dignity is a useless concept. It means no more than respect for persons or their autonomy. Dignity does not = autonomy? Female patient in PVS. Is it acceptable for medical students to practice vaginal or rectal exams on her? • Why?

Answer 15

HR has much to offer medical/bioethics HR focus on wider issues may be seen as reorienting bioethics to address broader problems Knowles 2001 “The globalization of bioethics demands that we respond with coherent coordinated international policy and action. This action should be guided by a global bioethic. The human rights framework has much to offer as a guide to developing that ethic… The strength of the human rights framework lies in the moral force of its language, its practical and aspirational vision, the connection with international law, and its inclusion of communities and responsibilities.”

Answer 16

Many traditional norms of medical ethics have been carried over into human rights hard and soft law. Overlap occurs between bioethics and HR norms As medicine becomes globalised there becomes a need for universal norms • What does this mean? • Change in orientation and practice of doctors? • Incorporation of medical ethics into HR ideology? Convergence of bioethics and human rights?

Answer 17

Language of HR is useful – a debate in HR terms allows a “well tested and long-established common language, rhetoric and international practice to be applied to achieve consensus” on the problem and possible solutions HR may act as a bridgehead between principle and practicality of the reasoning within bioethics HR discourse may be useful in allowing bioethics not to be seen as compromised due to neoliberal governance interests Potential for HR theory and practice to create foundational theory to ground more applied and analytical work in bioethics

Answer 18

Ambiguity in terminology used between human rights and international human rights – the latter recognised by international law Subsumption required both a reframing of medical ethics norms in the language of international human rights and practical activities on the part of sovereign states and judicial bodies Problems re enforcement • Soft law lacks formal enforcement • Not easy to use international law to protect individuals from other individuals Expansion of rights claims tends to undermine rights discourse • If everything is a issue of rights then it detracts from the special detraction that genuine moral rights deserve • Over extension of rights claims may lead to crisis of confidence in that the confidence of these rights is detracted from due to dilution

Answer 19

Too often speak about rights e.g. right to life, as if rights are best thought of separate from actions, as entitlements to goods of a sort This disguises that these rights can only be respected and secured if some agents are obliged to act in certain ways to others Rights and duties are inextricably linked

Human Rights And Medical Ethics Flashcards

(43 cards)