PPS Flashcards
HUMAN RIGHTS ACT 1998
What is the WHO definition of health?
How does this link to the HRA?
- The state of complete physical, mental + social wellbeing + not merely the absence of disease or infirmity.
- The highest attainable level of health is the fundamental right of every human being.
HUMAN RIGHTS ACT 1998
When did the HRA come into force?
What is the importance of it?
- 2000 + is set out in the European Convention on Human Rights.
- (Should) form part of an organisations decision-making process to ensure people’s rights are respected + is part of all policy making.
HUMAN RIGHTS ACT 1998
What are the underlying assumptions with the HRA?
- State/organisations have a duty to uphold these rights + they’re universal.
- All basic rights are claim rights i.e. others wanting things.
- The irreducible moral status of individuals demands that people are treated in ways that are compatible with that moral status.
HUMAN RIGHTS ACT 1998
What are some issues with the HRA?
- ?Universal or Western concept (FGM, judicial executions).
- Which interests are significant enough to justify it being a human right?
- Can absolute claims conflict? All rights are interdependent + inter-related.
HUMAN RIGHTS ACT 1998
What are the 5 articles that are frequently engaged in healthcare?
Art 2 – the right to life.
Art 3 – the right to be free from inhumane + degrading treatment.
Art 8 – the right to respect for privacy + family life.
Art 12 – the right to marry + found a family.
Art 14 – the protection from discrimination (sex, race, sexuality etc).
HUMAN RIGHTS ACT 1998
What is meant by absolute rights?
Give some examples
They’re never limited i.e. they hold under ALL circumstances.
- Art 3, Art 4 (prohibition on slavery + enforced labour), Art 7 (protection from retrospective criminal punishments).
HUMAN RIGHTS ACT 1998
What is meant by limited/qualified rights?
Give some examples
They are limited under explicit + finite circumstances.
- Art 2 (limited), Art 5 (the right to liberty), Art 8 (qualified).
HUMAN RIGHTS ACT 1998
Explain why some rights may be limited/qualified.
- Art 5 – if your freedom affects other’s safety.
- Art 2 – medical Tx a pt requests is not a right. Obligation upon state to take appropriate steps to safeguard life but cannot impose a disproportionate burden on the authorities to provide unlimited resources.
HUMAN RIGHTS ACT 1998
What is the exceptionality criteria with the HRA?
Applicable to public bodies like NHS trust where they adopt a general policy for the exercise of ‘administrative discretion’, to allow for exceptions from it in ‘exceptional circumstances + leave those circumstances undefined’.
HUMAN RIGHTS ACT 1998
What are some topics in individual rights vs. collective groups?
- Should vaccines or blood/organ donation become compulsory?
- Is screening a form of collectivism?
- Wearing a face mask to prevent spread of disease despite disagreement.
RESOURCE ALLOCATION
What is rationing?
Where resource is refused because of lack of affordability rather than clinical ineffectiveness.
RESOURCE ALLOCATION
Why have rationing needs increased in terms of resource allocation?
- Shift from acute>chronic complex conditions.
- Increase in choice + availability of more expensive drugs.
- Medicalising what used to be ‘normal’ physiology (childbirth, menstruation).
- Ageing population with increasing demand on services.
- Funding has barely increased.
RESOURCE ALLOCATION
What are the 3 ethical theories in context of resource allocation?
- Egalitarianism.
- Maximising/Utilitarianism.
- Libertarian.
RESOURCE ALLOCATION
What is the concept of egalitarianism?
- Provide all care that is necessary + required to everyone.
RESOURCE ALLOCATION
What are the pros/cons of egalitarianism?
Pros:
- equal for everyone (supports belief people deserve equal rights/opportunities)
Cons:
- economically restricted,
- tension between egalitarian aspirations + finite resources.
RESOURCE ALLOCATION
What is the concept of maximising/utilitarianism?
- Healthcare should be distributed to bring about the best possible outcome (criteria that maximises public utility).
RESOURCE ALLOCATION
What are the pros/cons of maximising/utilitarianism?
Pros:
- resources allocated to those most likely to receive most benefit.
Cons:
- those with ‘less need’ receive nothing.
RESOURCE ALLOCATION
What is the concept of libertarian?
Each individual is responsible for their own health, wellbeing + flourishment i.e. incentives for behaviour change, screening participation paid (all paid with savings made from better health outcomes).
RESOURCE ALLOCATION
What are the pros/cons of libertarianism?
Pros:
- onus on pt therefore may be more engaged.
Cons:
- not all diseases are self-inflicted,
- should people be held accountable for their current/future health?
RESOURCE ALLOCATION
What is the harm principle in relation to Libertarian theory?
What is the con to this principle?
- People should have autonomy in life so long as it doesn’t affect anyone else, even if others see actions as being wrong
- BUT doesn’t appreciate the impact choices has on others
RESOURCE ALLOCATION
What is Johnson’s rule of rescue?
A tension sometimes arises between the injunction to do as much good as possible with scarce resources + the injunction to rescue identifiable individuals in immediate peril, regardless of the cost.
RESOURCE ALLOCATION
Give an example of Johnson’s rule of rescue.
It’s a perceived duty to save endangered life through disproportionate efforts regardless of cost + usually seen in vulnerable groups like children.
- E.g. treat rare cancer in child with experimental drug that may be effective.
RESOURCE ALLOCATION
What is meant by a sustainable process?
One that meets the needs of the present without compromising the ability of future generations to meet their own needs.
RESOURCE ALLOCATION
What are the aspects of sustainability
- Economic factors.
- Social factors.
- Environmental factors.