Pandemics, Human Rights and Global Justice Flashcards
Define justice
- Justice is concerned with the reciprocal relationship between individuals and society
- Distributive justice is concerned with how certain goods are shared within society
- It carries fundamental notion that all human lives have equal value
How did mortality and diagnosis rates differ in social classes?
- 1.9x high diagnosis rate is most deprived
- 2.3x increased death rate in most deprived
What is the libertarian point of view
- That some people are born into poverty and extreme hardship is simply bad luck
- It is up to us as individuals to make the most of our talents and to overcome our weaknesses
What are basic needs?
- Certain goods such as food, shelter and a decent level of health are essential for an autonomous life
- Decent health and access to health care are necessary to be capable of flourishing or leading a life of value
- Therefore, decent access to healthcare is a matter of justice
What is the problem with charity?
With charity recipients are dependent on the action of donors. They have no entitlement to such assistance
If individuals are dependent on charity to meet their basic needs, the autonomy of the recipient is undermined
What is the difference between charity and solidarity?
- With charity we choose to help those we recognise as a good cause
- Solidarity is sense of standing together when individuals or the community are threatened
What does equitable access need to address?
- Affordability
- local healthcare infrastructure
- Intellectual property rights and medicines
- Cultural diversity and healthcare access
What needs to be done to ensure equitable global access to Covid vaccines/therapies ?
To ensure equitable global access to Covid vaccines/therapies needs more than money:
- A commitment to global justice at every stage from development to delivery
- Space for voices to be heard to understand the social, political, logistical challenges to vaccine access
Collaboration between global institutions, commercial organisations, governments, research funders and academic institutions
What needs to be done to ensure equitable global access to Covid vaccines/therapies ?
To ensure equitable global access to Covid vaccines/therapies needs more than money:
- A commitment to global justice at every stage from development to delivery
- Space for voices to be heard to understand the social, political, logistical challenges to vaccine access
Collaboration between global institutions, commercial organisations, governments, research funders and academic institutions
Define moral and legal rights.
Moral rights
A special form of moral claim which impose a moral obligation on others to ensure such claims are upheld
Legal rights
Legally enforceable entitlements
Moral and legal rights recognise all humans as having equal value
What is the Human Rights Act 1998?
The HRA 1998 defines legally enforceable rights entitlements in the UK
It incorporates the European Convention on Human Rights into English Law
The Act is enforceable against public authorities not individuals or private bodies
The Courts must interpret legislation consistently with Convention Rights
What is the Human Rights Act 1998?
The HRA 1998 defines legally enforceable rights entitlements in the UK
It incorporates the European Convention on Human Rights into English Law
The Act is enforceable against public authorities not individuals or private bodies
The Courts must interpret legislation consistently with Convention Rights
What aspects of healthcare does the human rights act involve?
There is no legal right to healthcare under the Human Rights Act
But the HRA is relevant to many different aspects of healthcare
- Refusal of treatment
- Medical confidentiality
- Compulsory treatment and detention
- Withdrawal of life sustaining treatment • Abortion
- Assisted suicide
What is Article 2 of the HRA?
Everyone’s life shall be protected by law
The right is absolute with respect to intentional killing
Not all avoidable death counts as intentional killing
There is no absolute obligation to provided life saving treatment
Withdrawal of futile treatment will not breach article 2
The right does not extend to the fetus
What is Article 3 of the HRA?
What is Article 5 of the HRA?
What is Article 8 of the HRA?
When can article 8 be breeched?
Dr R should go back and try to persuade B to consent to the test
Performing the HIV test without consent would breach B’s article 8 rights
Dr R should ask the lab to do a CD4 count instead
B must consent to the test as otherwise it would be a breach of Dr R’s human rights under Article 3
The hospital must perform the HIV test otherwise it will contravene Dr R’s right to life under article 2
Performing the HIV test without consent would breach B’s article 8 rights
Disclose the diagnosis of HIV as his wife has a right to know under article 2 of the Human Rights Act
Disclosure of the diagnosis of HIV is a justifiable breach of article 8 of the Human Rights Act as B’s wife may have been exposed to HIV
Disclosure of B’s HIV status should wait until B is able to give consent
Dr R cannot disclose the diagnosis of HIV as article 8 of the Human Rights Act grants B an absolute right to confidentiality
The clinical team knows B’s diagnosis of HIV so the information is no longer confidential and can be disclosed
Disclosure of B’s HIV status should wait until B is able to give consent
