Lecture 1 - Ethics

Question 1

What is a right?

Answer 1

• A right is a tool for making claims against others
• rights entail duties.
• If you make a right to something, then you are making a claim what someone else must do, or refrain from doing somehting

Question 2

Legal vs moral rights

Answer 2

Legal - written, signed

Moral - is more of a promise, and to do with moral rights for the person to fulfil their promise

Question 3

How to legal and moral rights overlap

Answer 3

• if a moral right is strong enough it should receive some protection in law, and we think that whatever rights the law creates should be morally acceptable.
• if moral rights are strong enough , the law can be changed

Question 4

The code of health and disability services consumers rights

Answer 4

-contains legal rights that patients can claim agaisnt health care practioners

Question 5

Where is tehre conflict or debate around this?

Answer 5

• A person may have a right to something, but this does still not determine weather or not we shuld rpovide that thing.
• Someonesew need to go beyond the ethical thinkign and think about other things such as what is hte kind, generous thing to do., what benefits most people.
• We need to ask the questions - what is the basis for this persons claim> what reasons are there for not meeting the claim? what reasons are there for meeting it?

Question 6

3 components of rights calims

Answer 6

subject - the rights holder
content - what the right referes to
object - the person.body against whom the right is held

Question 7

4 types of rights

Answer 7

claim - right that asserts entilttement to somethign - i have a claim raight to get my wages from my empolyer
Prviliageds - - freedom of letting a person decide how they act. e.g short or long hair
Power - ability to alter the portfolio fo claims, privleges or immunitis that you or other shvae - e.g boss can give worker aduty to do and htey have to do it
Immunities - a sphere of freedom within which a subject can be assured that no-one can exercsie power altering the claims and priverlges - e.g doctor cannot compelt a patient to take a certain treatment, a person cannot be compelled to tesittys against hteir partner.

Question 8

What type of rights claims to patients make?

Answer 8

In practice, patients will sometimes makes rights claims, to a range of things, including:

1) To receive a specific treatment (e.g. drugs or diagnostic tests)
2) To make their own treatment decisions, including refusing treatment
3) To see their notes
4) To see other peoples’ notes
5) To receive care on specific terms
6) To make complaints having those handled accordingly.

-some of these cases required the law to determine if that person is able to get the claim or not

Question 9

What happens ifthe law does not establish a right?

Answer 9

• then practitioners must think hard about whetehre there is a moral right in place.
• ask - humas should have their basic needs meet, or they should be treated as equals ro that they should have access to a fair range of opportunities, including opportinities to experience health and prologne dlife.
• need to thing about trust and best care fot the patient

Question 10

Code of health and disability serveices consumer rights

Answer 10

The right to be treated with respect

2. The right to freedom from discrimination, coercion, harassment, and exploitation
3. The right to dignity and independence
4. The right to services of an appropriate standard
5. The right to effective communication
6. The right to be fully informed
7. The right to make an informed choice and give informed consent
8. The right to support
9. Rights in respect of teaching or research
10. The right to complain