PROFESSIONAL PRACTICE OF NURSING
NPP 3880
UNIT 6
Human Rights in Nursing Practice
Part 1
Lecturer: Dr. J. Amadhila
Faculty of Health Sciences and Veterinary Medicine
School of Nursing and Public Health
E – mail : jamadhila@[Link] Cell: +264 (0)
812867126
Tel : +264 2232292
After completion of the learning outcomes,
you should be able to protect the rights of
patients in the health services in Namibia
and elsewhere.
Human Rights in Nursing Practice 2
1. Explain the concepts: a human right; a
claim, a duty, a privilege
2. Discuss human rights as patient rights and
the challenges in the claiming of these
rights in nursing practice
§ Limited rights
§ Moral rights
Human Rights in Nursing Practice 3
§ The right to treatment
§ The refusal to receive treatment
§ Cessation of treatment
§ The right to know
§ Withholding of information and the truth
§ The right to confidentiality and privacy
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Both nurses and patients have rights
Patient right is a primary concern
Patients are vulnerable
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Advance in medical technology compromised
the quality of life and patient rights.
Perceived unlimited powers
Need for vigilance – prevent violations
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Rights
Entitlements or claims that persons have or
can make.
Basic rights and freedoms – that people are
entitled to.
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Include civil and political rights to:
q Life
q Liberty
q Freedom of expression
q Equality before the law
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Economic, social, and cultural rights to:
q Food
q Work
q Education
q To health care - fundamental
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Rights are justified claims
Can be legally or morally justified
Patients – to receive safe and quality care
Nurses possess certain rights to care
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A right controlling the actions of others.
E.g., claiming a right to:
ü Privacy
ü Life
ü Death
ü Healthy and safe environment, and
ü Healthcare
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Patient – has a right to safe care and not to
be assaulted.
Professionals – have responsibilities to ensure
patient is not assaulted.
Professionals – have a duty to prevent injury
to patient.
Professionals – have legal and moral
responsibilities to provide patient care.
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A gain or benefit allocated to someone
Are not rights
E.G. A privilege to be a member of a specific
group or club
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Hand-in-hand with responsibilities
Considering rights of others when making
claims
Not all rights are absolute
Associated with duties and responsibilities
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Patient rights – a subdivision of general human
rights
General human rights – from natural rights
Natural rights – rights of existence
Rights of existence – regardless of time and
place
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Right to exist – an inalienable right
Based on principles of natural justice
Rights may be positive or negative
Right to healthcare – a positive right &
Right not to be assaulted – a negative right
Right to treatment – a positive & right to refuse
treatment – a negative right
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Negative rights are sometimes stronger than
positive rights
Autonomy should be recognized.
Those with reduced autonomy should be
protected.
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Basic human rights in healthcare include
the right to:
§ treatment
§ know (the right to information)
§ confidentiality and privacy, and
§ self-determination (autonomy)
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Limited rights
May be limited
Not absolute
Cannot demand any treatment as desired.
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Moral rights include the right to:
decide what may be done to their bodies
receive information to enable them to make
informed decisions
know the effects of the treatment
accept, refuse or stop treatment
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Right to treatment
Approaching a health service for assistance
Right to expect to get assistance
Accepting the patient is accepting obligation
or duty
Also, to protect patient rights
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Refusal to receive treatment:
A negative right
Legally absolute
Except in contagious diseases or mental
incapability.
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Reasons to refuse vary
Can be due to religious convictions or just
personal
Refusing treatment even if it means death.
Treating against a will is a CRIMINAL
ASSAULT
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Cessation of treatment
About withdrawing treatment
One may demand it independently.
Some depend on others for such decisions.
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At pre-death stage – therapeutic treatment may
be curtailed or just ceased
When exactly to do that is a challenge
To inform patient or not?
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Needs wider consultations
Decisions on who, when, and how to do that
May be complicated by family demands to
prolong life.
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The right to know
Detailed information about:
o Hospital rules and regulations
o Diagnosis, treatment and prognosis
o The course of the plan of nursing care
Also, children & those with other incapacities.
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Withholding of information and the
truth:
A contentious issue
Needs a risk-benefit analysis
Does it harm or benefit the patient?
Values may be in conflict
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Three fundamental reasons for withholding
the truth:
§ Patient does not really want to know about
the illness.
§ The truth will prejudice the patient.
§ Only information that is beneficial to the
patient is given.
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Truth can be withheld from the patient by:
Providing false information
Not correcting misunderstandings or
incorrect ideas, and
Suppressing information
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Decision to withhold information should be
done with care
Should be determined by a situation
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The right to confidentiality and privacy
A patient/client is prepared to:
ü Reveal his/her secrets
ü Avail his/her body and
ü Display vulnerability - to receive assistance
from someone
Human Rights in Nursing Practice 32
Total confidentiality may sometimes not
possible – sharing with other treating or caring
colleagues
INJUDICIOUS DISCLOSURE of
confidential information is highly unethical
and unprofessional.
Read further on problems with confidentiality
& violation of confidentiality in Pera & van
Tonder p.102 2nd ed.
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Privacy:
Respecting the dignity – physical privacy
Respecting secrets – by confidentiality
Does not mean a right to a private room – can
expect to forfeit some privacy aspects.
Be familiar with policy - a moral duty
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The right to self-determination:
In line with the principle of respect for
personal autonomy
Should not be labelled or judged for the
decisions they made.
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Human Rights in Nursing Practice 36
1. Searle, C., Human, S., Mogotlane, S.M. 2009.
Professional Practice. A Southern African
Nursing Perspective. 5th edition. Johannesburg:
Heinemann.
2. Pera, S.A. & Van Tonder, S. (ed) 2005. Ethics
in Health Care. 2nd ed. Cape Town: Juta.
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