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.
Explain key competencies of advocacy
Respond to individual patient health needs and related issues- holistic care.
-Including cultural considerations
-advocate for particular health needs group (inclu poor and marginalised)
Respond to health needs of communities served
-commitment to equity
-respond to competing interests
-apply inherent ethical principles inclu. Altruism, social justice, autonomy
Dual loyalty and rights violation. Discuss
1.Medical skills used on behalf of the state for punishment or torture
2.independent medical judgment subordinate to states inter
3.Medical treatment or information limited or denied for state policy
4.Confidential patient information disclosed to state authorities or powerful non-state actors
5.Evaluations conducted for legal or administrative purposes
6.Human rights abuses in the care of health professionals kept silent
How to avoid rights violation in dual loyalty
- Knowledge of human rights and clinical implications
- Identify dual loyalty situations
- Priotise patient’s rights over the state
4.independent judgement in assessment (therapeutic or evaluative)
5.protect confidentiality
6.report violation
7.Collective action (advocacy)
