RIGHTS
HUMAN RIGHTS AND PATIENTS’ RIGHTS
M.N.
MHLONGO
INTRODUCTION
• Human Rights codes and instruments were brought
about by certain historical acts globally.
• In South Africa, the Apartheid laws violated many
human rights hence the need for legislation in this
regards.
INTRODUCTION TO HUMAN RIGHTS
• Human rights =
• Rights we have by virtue of being human.
• Entitlements people can claim relating to their basic
needs because they are human (London, 2011, p. 88).
•Fundamental rights owned by every human from birth
•Comprehensively defined in many human rights
instruments and codes.
•Codified into international human rights law and
national law in some countries.
•Implicates that human rights now become legal rights
(continued)
• Human Rights regardless of nationality, sex, ethnic
origin, religion, language or any other status
• Range from the most fundamental –the right to live –
to those that make life worth living, such as the right to
food, education, work, health and liberty
• Fundamental to all human rights is respect for human
dignity
HUMAN RIGHTS CODES
• The International Bill of Rights
- Universal Declaration of Human Rights (UDHR)
- International Covenant on Economic, Social and Cultural
Rights (ICESCR)
- International Covenant on Civil and Political Rights
(ICCPR)
- The African Charter of Human and People Rights
CONT…
• The South African Bill of Rights
- Chapter 2 of the Constitution 1996
-The Patients’ Right Charter
- Charter in SA specifically pertaining to health
CONT…
• These codes are based on the for main ethical principles
- Beneficence
- Non- maleficence
- Respect of Autonomy
- Justice
THE SOUTH AFRICAN BILL OF
RIGHTS
• This is a cornerstone of democracy in South Africa
• Enshrines the rights of all people in our country and affirms
democratic values of human dignity, equality and freedom.
• Comprehensively described in chapter 2 of the Constitution of South
Africa 1996
• Although it is expected of this instrument to protect all human
beings, there are some exceptions that should be regarded.
• The language used in this document should be taken into
consideration when rights are analysed
CONT…
• Section 36 sets out the limitation of rights
• Section 37 sets out the exceptions that apply and their
conditions when a state of emergency arises
• Section 38 sets out the enforcement of rights
• Section 39 (1) (a) (b) (c) , (2) and (3) sets out how the Bill
of Rights should be interpreted
PATIENTS’ RIGHT
• Healthy and safe environment
• Participation in decision-making
• Access to health care
• Knowledge of one’s health
• Insurance/medical aid scheme
• Choice of health services
CONT..
• Treated by a named health care provider
• Confidentiality of privacy
• Informed consent
• Refusal of treatment
• A second opinion
• Continuity of care
CONT..
• Complaints about health services
REFERENCES
• Dhai, A. & McQuoid-Mason. (2011). Bioethics, Human
Rights and Health Law: Principles and Practice. Cape
Town: Juta & Company Ltd.
• London, L. (2011). Human rights: The relevance for
South African health professionals. In K. Moodley (Ed.).
Medical ethics, law and human rights. A South African
perspective (pp. 87 - 108). Pretoria: Van Schaik
Publishers.
