WEEK 26 Flashcards
List the characteristics of human rights.
Inherent
Universal and inalienable
indivisible and interdependent
Equal and non-discriminatory
Both right and obligations/duties
The human Right have responsibilities. Whose responsibilities? Right is meaningless without a reciprocal obligation. The state has to perform its duty in 4 ways. Name those 4 ways.
The responsibility is for the citizens, and everyone is obligated to stand by those right.
Respect rights- Do not violate rights
Protect rights- Other do not violate
Actively fulfill rights
Promotes rights- citizens access
The human Right have responsibilities. Whose responsibilities? Right is meaningless without a reciprocal obligation. The state has to perform its duty in 4 ways. Name those 4 ways.
The responsibility is for the citizens, and everyone is obligated to stand by those right.
Respect rights- Do not violate rights
Protect rights- Other do not violate
Actively fulfill rights
Promotes rights- citizens access
SOUTH AFRICAN CONSTITUTION (Act 108 of 1996), Chapter 9 outlines institutions which support rights. Name those institution
o Public Protector
o South African Human Rights Commission
o Commission for Gender Equality
o Commission for the Promotion and Protection of the Rights of Cultural, Religious
and Linguistic communities
o Auditor-General
o Independent Electoral Commission
Explain the right to health.
Inseparable from other human rights. Obligation: access to health care plus social determinants of health care plus social determinants of health
Core components of the right to health
Availability-Facilities, good, service
Accessibility- physical, economic, information, non-discrimation
Acceptability- ethical, cultural, gender
Quality- universal health coverages
(Safe, effective, people-centred, timely, Equatablez integrated, efficient)
SA constitution and bill of rights, makes provision for:
Healthcare services
Underlying conditions necessary for health
Special population
Foundation rights
Other rights
Bill of rights: some health rights
Name under Healthcare services
Sec 27: Access to healthcare services and emergency healthcare
Name the rights that falls underlying conditions necessary for health
Art 24: Environment not harmful to health or well-being
Art 12: Freedom and security of person
Art 27: Access to food, water, social security
Art 15: Freedom of religion, belief and opinions
Art 12: Free from medical experimentation without informed consent
Rights under special population, list them
Art 28: Children- nutrition, shelter, Healthcare services, social services
Art 35: prisoners- detention conditions consistent with dignity, including nutrition and medical treatment
Rights under Foundational rights
Art 9: Equality (non- discrimination)
Art 10: Dignity
Art 12: life
Art 13: Privacy
Individual rights can be limited with other rights?
Individual rights vs public rights
Individual rights vs state obligation to meet other rights
South African Bill of Rights: Limitations justifiable, depending on:
List 5
Nature of the rights
Importance of the purpose for limitation
Nature and extent of limitation
Relation between limitation and its purpose
Least restrictive means to achieve goal
International covenant on Civil and political rights, outlines emergency measures that states can take to protect public health..list 5
Restrictions in accordance with the law
Legitimate goal
Strictly necessary to achieve aim
Least intrusive means
Not arbitrary, unreasonable or discriminatory
Define health advocacy
As health advocate, health professionals responsibly use their expertise and influence to advance the well-being of individuals, communit and populations.
