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Human Rights in Patient Care

Laws and Regulations

European Charter of Patients’ Rights (Rome, 2002)

Drawn up in 2002 by Active Citizenship Network, a European network of civic, consumer, and patient organizations, this charter provides a clear, comprehensive statement of patient rights. This statement was part of a grassroots movement across Europe for patients to play a more active role in shaping the delivery of health services and an attempt to translate regional documents on the right to health care into specific provisions.

Framework Convention for the Protection of National Minorities

The member States of the Council of Europe and the other States signed the Framework Convention for the Protection of National Minorities at Strasbourg, 1.II.1995.

The Revised European Social Charter (1996)

The Revised European Social Charter opens for signature by the member States of the Council of Europe on 3 May 1996 and enters into force on 1 July 1999. Designed progressively to take the place of the European Social Charter, the Revised Charter includes the rights guaranteed by the Charter as amended, the rights guaranteed by the Additional Protocol of 1988 as well as new rights.

European Social Charter (1961)

UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment Adopted by General Assembly resolution 43/173 of 9 December 1988.

UN Standard Minimum Rules for the Treatment of Prisoners

Adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955, and approved by the Economic and Social Council by its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977

UN Convention on the Elimination of All Forms of Discrimination against Women

On 18 December 1979, the Convention on the Elimination of All Forms of Discrimination against Women was adopted by the United Nations General Assembly. It entered into force as an international treaty on 3 September 1981 after the twentieth country had ratified it. By the tenth anniversary of the Convention in 1989, almost one hundred nations have agreed to be bound by its provisions.

International Covenant on Civil and Political Rights

Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966, entry into force 23 March 1976, in accordance with Article 49.

CESCR, General Comment 15, The right to water (Twenty-ninth session, 2003)

Committee on Economic, Social and Cultural Rights, General Comment 15, The right to water (Twenty-ninth session, 2003), U.N. Doc. E/C.12/2002/11 (2002), reprinted in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI/GEN/1/Rev.6 at 105 (2003).

Additional Protocol to the Convention for the Protection of Human Rights…

Additional Protocol to the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine, on the Prohibition of Cloning Human Beings was signed in Paris, 12.I.1998, by the member States of the Council of Europe.

UN Convention on the Elimination of All Forms of Racial Discrimination

Adopted and opened for signature and ratification by General Assembly resolution 2106 (XX) of 21 December 196, entry into force 4 January 1969, in accordance with Article 19.

UN Convention on the Rights of the Child

Adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989, entry into force 2 September 1990, in accordance with article 49

Law of RA on the Dossemination of Mass Information

This law regulates relations pertaining to the implementation of media activities, defines the guarantees of ensuring the right of freedom of speech in the sphere of the media, the main provisions for the accreditation of journalists, the right of reply and refutation, and the grounds for which the implementers of media activities are not subject to liability. (Article 1. The Scope of Regulation of the following Law)

Loi Pinel de defiscalisation immobiliere

Le dispositif Pinel permet à tout contribuable français d'investir dans l'immobilier locatif et de pouvoir bénéficier d'une réduction d'impôt si certaines conditions sont remplies, telles que le lieu d'investissement et le respects de plafonds de loyers et de ressources des locataires

Law of RA on The Human Rights Defender

Law of RA “On The Human Rights Defender” defines the procedure of appointment and dismissal of the Human Rights Defender, as well as the powers, the terms of service and the guarantees for the performance of duties of the Human Rights Defender (Article 1. General Provisions).

WMA Resolution on Medical Care for Refugees and Internally Displaced Persons (1998, 2008)

World Medical Association Resolution on Medical Care for Refugees and Internally Displaced Persons was adopted by the 50th World Medical Assembly Ottawa, Canada, October 1998 and reaffirmed by the WMA General Assembly, Seoul, Korea, October 2008.

WMA Statement on Violence and Health (2003, 2008)

The World Medical Asssociation Statement on Violence and Health was adopted by the WMA General Assembly, Helsinki 2003 and reaffirmed by the WMA General Assembly, Seoul, Korea, October 2008

WMA Resolution on the Economic Crisis: Implications for Health (2008)

World Medical Association Resolution on the Economic Crisis: Implications for Health was adopted by the WMA General Assembly, Seoul, Korea, October 2008.

WMA Declaration of Seoul on Professional Autonomy and Clinical Independence (2008)

World Medical Association Declaration of Seoul on Professional Autonomy and Clinical Independence was adopted by the WMA General Assembly, Seoul, Korea, October 2008

WMA Resolution on Access of Women and Children to Health Care (1997, 2008)

World Medical Association Resolution on Access of Women and Children to Health Care and the Role of Women in the Medical Profession was adopted by the 49th WMA General Assembly, Hamburg, Germany, November 1997 and amended by the WMA General Assembly, Seoul, Korea, October 2008.

International Convention on the Protection of the Rights of All Migrant Workers (1990)

International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Their Families was adopted by General Assembly resolution 45/158 of 18 December 1990 and entered into force on 1 July 2003.

UN Principles for the Protection of Persons with Mental Illness (1991)

UN Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Adopted by General Assembly resolution 46/119 of 17 December 1991

WMA Declaration on the Rights of the Patient

World Medical Association Declaration on the Rights of the Patient was adopted by the 34th World Medical Assembly, Lisbon, Portugal, September/October 1981, and amended by the 47th WMA General Assembly, Bali, Indonesia, September 1995, and editorially revised at the 171st Council Session, Santiago, Chile, October 2005.

Convention for the Protection of Human Rights and Fundamental Freedoms (1950)

Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights) as amended by Protocol No. 11 was signed in Rome, 4.XI.1950 by the members of the Council of Europe.

Convention relating to the Status of Refugees

Adopted on 28 July 1951 by the United Nations Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons convened under General Assembly resolution 429 (V) of 14 December 1950. Entry into force 22 April 1954, in accordance with article 43

RA Criminal Code: Divulging medical secrets (an extract)

This is an extract from the Criminal Code of Republic of Armenia which includes Article 145 ("Divulging medical secrets") of Chapter 19 ("Crimes against constitutional human rights and freedoms of citizens").

RA Criminal Code: Crimes against public order and morality (an extract)

This is an extract from the Criminal Code of Republic of Armenia which includes Chapter 25 ("Crimes against public order and morality") of Special Part,Section 7 ("Crimes against man").

RA Criminal Code: Crimes against life and health (an extract)

This is an extract from the Criminal Code of Republic of Armenia which includes Chapter 16 ("Crimes against life and health") of Special Part,Section 7 ("Crimes against man").

RA Law on Freedom of Information

The law regulates the relations connected with freedom of information, defines the powers of persons holding (possessing) information, as well as the procedures, ways and conditions to get information (Article 1.1).

Improved measures for reduction of the illicit demand for narcotic drugs and psychotropic substances This paper was released by the UN Economic and Social Council at the 13th Plenary Meeting on May 25, 1988.

International Covenant on Economic, Social & Cultural Rights

International Covenant on Economic, Social & Cultural Rights was adopted by General Assembly resolution 2200 A (XXI) of 16 December 1966 and entered into force on 3 January 1976 in accordance with article 17.

Health Care

International consultation on workers’ health coverage Place: Semnan, Islamic Republic of Iran Date: 28-30 April 2014

This three-day meeting will focus on interventions, indicators and service delivery coinciding with the International Day for Health and Safety at Work and will identify policy options, strategies, and mechanisms to scale up coverage of workers. The objective is to develop criteria and indicators for measuring the access of workers to interventions for prevention and control of occupational and work-related diseases and injuries. The meeting is also expected to draw an international road map and voluntary targets for scaling up coverage of workers with preventive health services.

Should it be a crime to harm an unborn child? Many children in Australia suffer from severe disabilities caused by things done before they were born, but most are not entitled to compensation for the harm they suffered and there’s no law to prevent prenatal injuries.

Two current legislative initiatives (in New South Wales and the Northern Territory) are trying to address this issue – from two distinct perspectives. In both cases, lawmakers are considering giving legal status to the fetus.

These approaches risk calling into question decades of hard-won victories for abortion rights. A better way to enshrine children’s freedom from future disability is to protect them from actions that will cause harm.

“Sleep Texting” May Be The Newest Sleep Disorder In today’s high-tech world, sleepwalking is old hat. Sleep texting is the new problem to emerge among a small set of snoozers.

Sleep texting occurs when someone sends a text message on their phone while asleep or half-asleep. It usually happens within the first two hours of slumber – often when someone conks-out in the middle of a text conversation.

“You’ll be texting one second and the next second you’re asleep,” explains sleep disorder specialist, Dr. Michael Gelb, in a recent report in The Atlantic. “But then you get a ping and the ping awakens you. It’s becoming more of a trend because the line is really being blurred between being awake and being asleep.”

ASHAS: Improving rural women’s health In India, Accredited Social Health Activists (ASHAs) form an essential link between the community and the health care delivery system. The ASHA is usually a woman with basic school level certification from the village, chosen by the community. They provide information, health education, basic care and escalate patients to secondary and tertiary care centres when needed. Each ASHA is responsible for around 1000 people and her capacities to deliver first-contact healthcare are kept up to date through regular and systematic training programmes. The ASHAs receive performance-based incentives for promoting universal immunization, personal support for reproductive and child health programmes, and sanitation initiatives, amongst others.

Suman Lata, 29 years old, is an ASHA in Nahri village, part of the Sonepat district, India. She has lived in the village for 13 years, and has been working as an ASHA for almost 6 of these. Sangita Rani, 31 years old, is from Khizribad village and has been living in the village for 11 years and working as an ASHA for almost 7. Suman studied education at university and Sangita completed secondary school.

Sangita’s prioritises visits to low-literate families in Kharwan to ensure early registration of pregnant women confirming, for example, that they receive and take folic acid tablets regularly. Sangita explains that she visits eligible couples and women who…

Promoting healthy habits among Pacific kids Schools across the Pacific have been helping kids develop healthy habits that can last a lifetime. Health Promoting Schools (HPS) programmes focus on different healthy behaviours including healthy diet. Schools across Fiji, Solomon Islands, and Tonga have focused on promoting healthy diet and increasing access to healthy foods.

Health Promoting Schools in the Pacific

Health Promoting Schools (HPS) aim to improve the health and wellbeing of students through a “whole-of-school” approach. Improving health and well-being is expected to contribute towards improved student educational outcomes.

People can develop life-long habits during their formative years. Children spend as much as half their day in school, and some eat the majority of their meals on school campus during the week. As such, schools across the Pacific have been successful entry points for promoting healthy habits, healthy decision making, and protecting student health through HPS Programmes. Each HPS programme is uniquely tailored to the needs and capacities of each island and each school.

Promoting healthy diets for a healthy future

Patient-Friendly Version of the PG: Injecting Drug Users HUMAN RIGHTS IN PATIENT CARE:A User-Friendly Guide for Drug Users.

The brochure is developed for people who use drugs and aims to improve their level of awareness on their rights while receiving medical care.

We believe that having enough knowledge on their own rights would be the first step to defend against ignorance or violations of those rights.

The brochure also brings important quotations of relevant legal acts and other documents.

You can download it following this link 97ceddd54b036b56180afef7b168c89f.doc

New York: Pass Condom Law to Protect Public Health June 20, 2013 - The New York State Assembly should enact a bill that would prohibit the use of condoms as evidence of prostitution-related offenses.

Samvel Zakaryan: Growth of prices in medicine has seasonal nature 13.06.2013 - “In reality there are no such big increase in price. There have been increases with 3-4%. Some groups of medicines have been increased in price, but not all of them,”

Africa: Better Health, Better Human Rights June 12, 2013 - New research shows that a highly effective way to control and defeat infectious diseases like AIDS, tuberculosis and malaria is by focusing on the most vulnerable populations. That has big implications for human rights.

Reproductive Health Restrictions Hurt Asian-American Women 01.06.2013 - The American Civil Liberties Union and the ACLU of Arizona filed a lawsuit today on behalf of the NAACP of Maricopa County and the National Asian Pacific American Women’s Forum (NAPAWF) challenging a state law that relies on harmful racial stereotypes to shame and discriminate against Black women and Asian and Pacific Islander (API) women who decide to end their pregnancies. A version of the following piece by Zeenat N. Hasan, co-founder of the Arizona chapter of NAPAWF originally ran in Arizona Central on April 3, 2013.

Senate Panel Considers End-of-Life Bills March 19, 2013 - A panel of state senators on Tuesday considered two bills that would take drastically different approaches to modifying laws regarding end-of-life care in Texas.

AIDS foundation accuses adult filmmaker of violating condom law March 19, 2013 - AIDS Healthcare Foundation files a complaint to test whether L.A. County will enforce a porn condom law recently passed by voters.

A bogus ‘balance’ of health rights 01.03.2013 - The recent discussion of the Department of Health and Human Services’ contraceptive rules has left me worrying that even fairly well educated people are no longer up to the job of carrying on a reasoned debate.

HONOUR HUMAN RIGHTS, ENSURE HEALTH SERVICES 14.01.13 - Both Article 25 of the Universal Declaration of Human Rights 1948 and the Preamble to the World Health Organisation state categorically that health is a basic human right.This means all states and other authorities must do their best to secure the health of thier people.

Teens Need Contraception Prescriptions in Hand, U.S. Doctors Say Nov. 26 (Bloomberg)—All U.S. teenagers should be given prescriptions for emergency contraception to keep on hand in case they ever need it, the American Academy of Pediatrics said.

What is the Rule of Law

Rule of Law is the requirement that the state provide legal guarantees for rights which uphold the dignity of the individual.

In fact, the rule of law does not have a precise definition, and its meaning can vary between different nations and legal traditions. Generally, however, it can be understood as a legal-political regime under which the law restrains the government by promoting certain liberties and creating order and predictability regarding how a country functions. In the most basic sense, the rule of law is a system that attempts to protect the rights of citizens from arbitrary and abusive use of government power.

Elements of the Rule of Law

In his book The Morality of Law, American legal scholar Lon Fuller identified eight elements of law which have been recognized as necessary for a society aspiring to institute the rule of law. Fuller stated the following:

  1. Laws must exist and those laws should be obeyed by all, including government officials.
  2. Laws must be published.
  3. Laws must be prospective in nature so that the effect of the law may only take place after the law has been passed. For example, the court cannot convict a person of a crime committed before a criminal statute prohibiting the conduct was passed.
  4. Laws should be written with reasonable clarity to avoid unfair enforcement.
  5. Law must avoid contradictions.
  6. Law must not command the impossible.
  7. Law must stay constant through time to allow the formalization of rules; however, law also must allow for timely revision when the underlying social and political circumstances have changed.
  8. Official action should be consistent with the declared rule.

The Rule of Law according to Joseph Raz

In “The Rule of Law and its Virtue” (OSCOLA citation [1997]93 LQR 195), the constitutional theorist Joseph Raz identified the constituent principles of his conception of the rule of law. Raz’s conception encompasses the additional requirements of guiding the individual’s behaviour and minimising the danger that results from the exercise of discretionary power in an arbitrary fashion, and in this last respect he shares common ground with the great constitutional theorists A. V. Dicey, Friedrich Hayek and E. P. Thompson. From this general conception he stated that some of the most important principles were:

  1. That laws should be prospective rather than retroactive.
  2. Laws should be stable and not changed too frequently, as lack of awareness of the law prevents one from being guided by it.
  3. There should be clear rules and procedures for making laws.
  4. The independence of the judiciary has to be guaranteed.
  5. The principles of natural justice should be observed, particularly those concerning the right to a fair hearing.
  6. The courts should have the power to review the way in which the other principles are implemented.
  7. The courts should be accessible; no man may be denied justice.
  8. The discretion of law enforcement and crime prevention agencies should not be allowed to pervert the law.