This document discusses the human right to healthcare. It covers 5 topics: [1] the correlation between moral, legal and medical human rights; [2] the concept and structure of the right to healthcare under Ukrainian law; [3] the right to medical information about one's health; [4] the right to medical confidentiality about one's health; and [5] the right to privacy in healthcare. The conclusion states that further collaboration is needed to fully recognize the linkages between health and human rights.
This document discusses the human right to healthcare. It covers 5 topics: [1] the correlation between moral, legal and medical human rights; [2] the concept and structure of the right to healthcare under Ukrainian law; [3] the right to medical information about one's health; [4] the right to medical confidentiality about one's health; and [5] the right to privacy in healthcare. The conclusion states that further collaboration is needed to fully recognize the linkages between health and human rights.
This document discusses the human right to healthcare. It covers 5 topics: [1] the correlation between moral, legal and medical human rights; [2] the concept and structure of the right to healthcare under Ukrainian law; [3] the right to medical information about one's health; [4] the right to medical confidentiality about one's health; and [5] the right to privacy in healthcare. The conclusion states that further collaboration is needed to fully recognize the linkages between health and human rights.
This document discusses the human right to healthcare. It covers 5 topics: [1] the correlation between moral, legal and medical human rights; [2] the concept and structure of the right to healthcare under Ukrainian law; [3] the right to medical information about one's health; [4] the right to medical confidentiality about one's health; and [5] the right to privacy in healthcare. The conclusion states that further collaboration is needed to fully recognize the linkages between health and human rights.
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LECTURE # 2
Health Care as a Human Right and its Content
CHERNIVTSI LAW SCHOOL Doctor of Law Liubov Zamorska
1. Correlation of basic moral, legal and medical human rights. 2. The concept and structure of the human right to health care with the legislation of Ukraine. 3. The human right to medical information about a state of health: general characteristics and legal provision. 4. The human right to medical secrecy about one's state of health: general characteristics and legal provision. 5. The human right to privacy in sphere of health care. As human beings, our health and the health of those we care about is a matter of daily concern. Regardless of our age, gender, socio-economic or ethnic background, we consider our health to be our most basic and essential asset. Ill health, on the other hand, can keep us from going to school or to work, from attending to our family responsibilities or from participating fully in the activities of our community. By the same token, we are willing to make many sacrifices if only that would guarantee us and our families a longer and healthier life. In short, when we talk about well-being, health is often what we have in mind.
Characteristics of modern human rights include:
they are rights of individuals; these rights inhere in individuals because they are human; they apply to all people around the world, and they principally involve the relationship between the state and the individual. 2. The concept and structure of the human right to health care Since the late 1940s, human rights advocacy and related challenges have gradually extended the boundaries of the human rights movement in four related ways.
the initial advocacy focus the twin fundamental, transnational business, on civil and challenges of wider social may strongly influence political rights human rights involvement and the capacity for and certain realization of rights, yet promotion and participation in economic and they may elude state protection human rights social rights control
Despite tremendous controversy, especially regarding the philosophical and
cultural context of human rights as currently defined, a vocabulary and set of human rights norms is increasingly becoming part of community, national and global life. 3. The human right to medical information about a state of health: general characteristics and legal provision.
A Provisional Framework
the impact (positive and negative) of
health poli- cies, programs and practices on human rights will be considered
is based on the understanding that
human rights violations have health impacts
is based on an overarching proposition:
that promotion and protection of human rights and promotion and protection of health are fundamentally linked 4. The human right to medical secrecy about one's state of health: general characteristics and legal provision.
The “Fundamentals of Health Care Legislation” of
Ukraine stipulate that “the patient has the right to confidentiality of information concerning his/her health condition, his/her seeking medical help and of information obtained in the course of medical examination”
In many instances, however, the medical institutions still write down confidential information in sick-leave certificates. It is done, first of all, on the request from insurance body to spell out patient’s diagnosis. If the diagnosis is not written down in the certificate, the insurance fills out complaints against hospitals or clinics. Although this request is illegal, insurance company continues to pressure physicians, and these latter, unwilling to complicate their lives, include the diagnosis in gross violation of the law and their patients’ rights. 5. The human right to privacy in sphere of health care.
Privacy is a fundamental right, essential to
autonomy and the protection of human dignity, serving as the foundation upon which many other human rights are built.
The rules that protect privacy give us
the ability to assert our rights in the face of significant power imbalances.
Protecting information gathered in association with the
care of the patient is a core value in health care. However, respecting patient privacy in other forms is also fundamental, as an expression of respect for patient autonomy and a prerequisite for trust.
Patient privacy encompasses a number of aspects,
including personal space (physical privacy), personal data (informational privacy), personal choices including cultural and religious affiliations (decisional privacy), and personal relationships with family members and other intimates (associational privacy). CONCLUSION Thus far, different philosophical and historical roots, disciplinary differences in language and approach, and practical barriers to collaboration impede recognition of important linkages between health and human rights. The mutually enriching combination of research, education and field experience will advance understanding and catalyse further action around human rights and health. Exploration of the intersection of health and human rights may help revitalize the health field as well as contribute to broadening human rights thinking and practice. The health and human rights perspective offers new avenues for understanding and advancing human well-being in the modern world.
