A comparative analysis on global patients’ rights charters and their alignment to bioethical principles and human rights
Date
2020
Authors
Kumalo, Kelly
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Abstract
Patients' Rights Charters serve as guidelines for the relationship between health
professionals and patients. The charters provide information regarding the standard of
care patients should expect and demand as a basic human right. Human rights guard
patients’ rights at both international and national levels. Internationally human rights are
provided for in several declarations and codes, and in South Africa by the Constitution.
The bioethical grounding of patients’ rights is principlism. These principles, commonly
known as the Georgetown Mantra, and proposed by Beauchamp and Childress, are
autonomy, non-maleficence, beneficence, and justice. Bioethics is core to health law.
Bioethical discourse is critical in the development and ratification of international and
national policy and legal frameworks. This research examines how - and if - global
patients’ rights charters align with human rights and bioethical principles. This study
concludes that patients’ rights charters are much stronger in addressing patient’s needs
when robust consideration is given to human rights and bioethical principles. The study
concludes that the human rights that are affirmed in all the charters examined are the
right to confidentiality; the right to equality and non-discrimination; and the right to
informed consent. The least considered right is that of freedom of movement
Description
A dissertation submitted in fulfilment of the requirements for the degree of Master of Science (MScMed) in Bioethics & Health Law to the Faculty of Health Sciences, School of Clinical Medicine, University of the Witwatersrand, Johannesburg, 2020