Module 1 The Human Right to Health ①
What does this mean?
1: Introduction to Law, Ethics & Rights
Everyone has the right to:
1. What are our & our patients’ rights? - The highest attainable standard of
2. What are the ethics that govern how we physical & mental health (access to all
behave? medical services, sanitation, adequate
3. What regulates our work? food, decent housing, healthy working
4. How does this affect me? conditions, & a clean environment.)
What are rights? ①
- Health care must be provided as a public
Rights: legal entitlements linked to ‘equality’ good for all, financed publicly and
of citizens in a society & the principle of self- equitably.
determination
The human right to health guarantees a system of
Our rights: health protection for all.
- Entitle us to things.
What this means for health care
- Shape the way we act
- Enable us to demand others to act (or The human right to health care means that:
don’t act) in certain ways hospitals, clinics, medicines, and doctors’ services
must be:
Types of rights
- Accessible
Moral rights: involve expectations about
- Available
behaviour, but are generally not legally
- Acceptable
enforceable (w/ some exceptions)
- Good quality
Feinberg on moral rights: expectation comes
For everyone on an equitable basis, where &
from ‘moral power’ over a person.
when needed.
See pp. 50-53 Johnstone 2019
What human rights standards support
Human rights: fundamental rights that all this?
people possess by virtue of being human
The design of a health care system must be
These rights are universal – inherent in all human guided by the following key human rights
beings equally regardless of other duties or standards:
statuses.
The right to health services is embodied in:
What constitutes a human right?
The Human Rights Act 2019 s.37 (Qld): it
E.g., Marriage equality & freedom of speech describes how everyone
(Israel Folau story) is a recent example in 1. Has the "right to access health care
Australia, euthanasia & termination of pregnancy without discrimination"
AND
Claims right: claims have a convincing
2. That a person "must not be refused
effect on our judgments, so we feel driven
emergency medical treatment that is
to acknowledge & support the interest
immediately necessary to save a person's
claims as genuine legal rights.
life"
E.g., Pain relief (in readings)
• NS2015 TERM Property Topic titleà subtopic ① ② ③ ④ ⑤ ⑥ ⑦ ⑧ ⑨ ↓ ↑ ∴ + = 💡Mnemonic
, 4 things must have occurred
1. DOC was owed
2. DOC was breached
3. Harm was caused
4. The harm was reasonably foreseeable
The moment you realize you have made a
mistake is a pivotal moment can make
difference between being criminalized or not
Things you can do to ensure the best possible
outcome
- Be open about it
- Seek urgent assistance
- Inform those around you (maybe even just
disclose it to the patient)
Show that you didn’t intend to cause harm!
What regulates our work? ③
Ethics ②
ICN & ICM Code of Ethics, both based (in part) on
human rights principles
NMBA Code of Conduct (2018)
Statutory Regulations
APHRA & NMBA
- Patient safety
- Education standards
- Quality of care by all HCW
- Defines the roles of a nurse prevent misuse
- Delineates scope of practice
- Standardizes Nursing and Midwifery practice
Health Practitioner Regulation National Law Act
(2009)
- Set up the legal framework that sets up the
Duty of Care (DOC) ② statutory authority & position of APHRA and
the NMBA
Successfully proving
against a HCW How does this affect me? ④
Professional negligence: under the
APHRA & NMBA under the HPR National Law is
common law instead of civil law. Occurs
primarily motivated to act to protect the public
when a patient didn’t understand the
procedure or didn’t give informed Anything you do that goes against that is a
consent. potential violation of Law
• NS2015 TERM Property Topic titleà subtopic ① ② ③ ④ ⑤ ⑥ ⑦ ⑧ ⑨ ↓ ↑ ∴ + = 💡Mnemonic
, Reporting ② Rights claim Pt. claims a right to be benefited,
e.g., by relief from intolerable pain, this imposes
A pt. / consumer can make a complaint
a duty on the nurse to perform the positive act
Obligation is on any HCW or employer (with (administer an effective analgesic).
reasonable concern) that another HCW has
If a person’s rights claims are violated/ignored in
violated law MUST make a report to APHRA as
some way the person feels wronged. From ethics
soon as practicable (feasible/possible)
POV, if someone claims a right this is often
Notifiable conduct ② regarded as providing a moral reason to act
We/people around us are involved in: Moral dilemma then relieve pain or risk
addiction?
- Practicing while intoxicated by drugs/alcohol
- Sexual misconduct in connection with their Issues
practice
- Rights & interest can conflict (scarce
A) Sexual activity with a current client (sexual
resources & 2 patients right to life, or nurses’
remarks, touching or engaging in sexual
refusal to assist in abortion may conflict with
behavior in front of a client)
patients right to have an abortion)
B) Sexual activity with a person who is closely
- Could also be impossible to satisfy all rights
related to a client.
claims (lack of resources)
- Placing the public at risk of substantial harm
- What counts as a responsible vs irresponsible
(by significant departure from accepted
right claim
professional standards)
- Who has the responsibility to the duty
Readings following the claim?
- Which entities have rights?
pp.50-55 Johnstone (2019)
2: Australian Legal system
Discussions of the origins of rights.
What is Law?
Dyck 2005: 116 Human beings (especially the
vulnerable) do not necessarily ‘have to be Definitions of Law
capable of making claims, or have the capacity to Law
function as a moral agent in order to have rights’
The regulation of human conduct in their
Also if rights are rooted in justice, then rights relations with others
themselves must be exercised ‘justly’.
A particular rule of conduct made mandatory by
Feinberg’s theory is flawed as it fails to account the State:
for why ‘entities must be able to represent their
The collective body of rules f conduct made
own interest’ to have rights.
mandatory by the State
Interests-based thesis of moral rights justifies &
The principles relating to a specific legal subject
sometimes even demands surrogate
e.g., criminal law
representation.
Defendant (action taken against this person)
Dershowitz 2004 ‘Righting wrongs’ & preventing
Types of Law
reoccurrence.
Also states that rights are an ongoing state of flux
Criminal: the ‘state’ is sanctioning, wrongs
as people adapt & counter new injustices. done to society. Backed by punishment.
Usually, people or property. Required intent
& act.
• NS2015 TERM Property Topic titleà subtopic ① ② ③ ④ ⑤ ⑥ ⑦ ⑧ ⑨ ↓ ↑ ∴ + = 💡Mnemonic
What does this mean?
1: Introduction to Law, Ethics & Rights
Everyone has the right to:
1. What are our & our patients’ rights? - The highest attainable standard of
2. What are the ethics that govern how we physical & mental health (access to all
behave? medical services, sanitation, adequate
3. What regulates our work? food, decent housing, healthy working
4. How does this affect me? conditions, & a clean environment.)
What are rights? ①
- Health care must be provided as a public
Rights: legal entitlements linked to ‘equality’ good for all, financed publicly and
of citizens in a society & the principle of self- equitably.
determination
The human right to health guarantees a system of
Our rights: health protection for all.
- Entitle us to things.
What this means for health care
- Shape the way we act
- Enable us to demand others to act (or The human right to health care means that:
don’t act) in certain ways hospitals, clinics, medicines, and doctors’ services
must be:
Types of rights
- Accessible
Moral rights: involve expectations about
- Available
behaviour, but are generally not legally
- Acceptable
enforceable (w/ some exceptions)
- Good quality
Feinberg on moral rights: expectation comes
For everyone on an equitable basis, where &
from ‘moral power’ over a person.
when needed.
See pp. 50-53 Johnstone 2019
What human rights standards support
Human rights: fundamental rights that all this?
people possess by virtue of being human
The design of a health care system must be
These rights are universal – inherent in all human guided by the following key human rights
beings equally regardless of other duties or standards:
statuses.
The right to health services is embodied in:
What constitutes a human right?
The Human Rights Act 2019 s.37 (Qld): it
E.g., Marriage equality & freedom of speech describes how everyone
(Israel Folau story) is a recent example in 1. Has the "right to access health care
Australia, euthanasia & termination of pregnancy without discrimination"
AND
Claims right: claims have a convincing
2. That a person "must not be refused
effect on our judgments, so we feel driven
emergency medical treatment that is
to acknowledge & support the interest
immediately necessary to save a person's
claims as genuine legal rights.
life"
E.g., Pain relief (in readings)
• NS2015 TERM Property Topic titleà subtopic ① ② ③ ④ ⑤ ⑥ ⑦ ⑧ ⑨ ↓ ↑ ∴ + = 💡Mnemonic
, 4 things must have occurred
1. DOC was owed
2. DOC was breached
3. Harm was caused
4. The harm was reasonably foreseeable
The moment you realize you have made a
mistake is a pivotal moment can make
difference between being criminalized or not
Things you can do to ensure the best possible
outcome
- Be open about it
- Seek urgent assistance
- Inform those around you (maybe even just
disclose it to the patient)
Show that you didn’t intend to cause harm!
What regulates our work? ③
Ethics ②
ICN & ICM Code of Ethics, both based (in part) on
human rights principles
NMBA Code of Conduct (2018)
Statutory Regulations
APHRA & NMBA
- Patient safety
- Education standards
- Quality of care by all HCW
- Defines the roles of a nurse prevent misuse
- Delineates scope of practice
- Standardizes Nursing and Midwifery practice
Health Practitioner Regulation National Law Act
(2009)
- Set up the legal framework that sets up the
Duty of Care (DOC) ② statutory authority & position of APHRA and
the NMBA
Successfully proving
against a HCW How does this affect me? ④
Professional negligence: under the
APHRA & NMBA under the HPR National Law is
common law instead of civil law. Occurs
primarily motivated to act to protect the public
when a patient didn’t understand the
procedure or didn’t give informed Anything you do that goes against that is a
consent. potential violation of Law
• NS2015 TERM Property Topic titleà subtopic ① ② ③ ④ ⑤ ⑥ ⑦ ⑧ ⑨ ↓ ↑ ∴ + = 💡Mnemonic
, Reporting ② Rights claim Pt. claims a right to be benefited,
e.g., by relief from intolerable pain, this imposes
A pt. / consumer can make a complaint
a duty on the nurse to perform the positive act
Obligation is on any HCW or employer (with (administer an effective analgesic).
reasonable concern) that another HCW has
If a person’s rights claims are violated/ignored in
violated law MUST make a report to APHRA as
some way the person feels wronged. From ethics
soon as practicable (feasible/possible)
POV, if someone claims a right this is often
Notifiable conduct ② regarded as providing a moral reason to act
We/people around us are involved in: Moral dilemma then relieve pain or risk
addiction?
- Practicing while intoxicated by drugs/alcohol
- Sexual misconduct in connection with their Issues
practice
- Rights & interest can conflict (scarce
A) Sexual activity with a current client (sexual
resources & 2 patients right to life, or nurses’
remarks, touching or engaging in sexual
refusal to assist in abortion may conflict with
behavior in front of a client)
patients right to have an abortion)
B) Sexual activity with a person who is closely
- Could also be impossible to satisfy all rights
related to a client.
claims (lack of resources)
- Placing the public at risk of substantial harm
- What counts as a responsible vs irresponsible
(by significant departure from accepted
right claim
professional standards)
- Who has the responsibility to the duty
Readings following the claim?
- Which entities have rights?
pp.50-55 Johnstone (2019)
2: Australian Legal system
Discussions of the origins of rights.
What is Law?
Dyck 2005: 116 Human beings (especially the
vulnerable) do not necessarily ‘have to be Definitions of Law
capable of making claims, or have the capacity to Law
function as a moral agent in order to have rights’
The regulation of human conduct in their
Also if rights are rooted in justice, then rights relations with others
themselves must be exercised ‘justly’.
A particular rule of conduct made mandatory by
Feinberg’s theory is flawed as it fails to account the State:
for why ‘entities must be able to represent their
The collective body of rules f conduct made
own interest’ to have rights.
mandatory by the State
Interests-based thesis of moral rights justifies &
The principles relating to a specific legal subject
sometimes even demands surrogate
e.g., criminal law
representation.
Defendant (action taken against this person)
Dershowitz 2004 ‘Righting wrongs’ & preventing
Types of Law
reoccurrence.
Also states that rights are an ongoing state of flux
Criminal: the ‘state’ is sanctioning, wrongs
as people adapt & counter new injustices. done to society. Backed by punishment.
Usually, people or property. Required intent
& act.
• NS2015 TERM Property Topic titleà subtopic ① ② ③ ④ ⑤ ⑥ ⑦ ⑧ ⑨ ↓ ↑ ∴ + = 💡Mnemonic
