Human rights in the field of health care include all the rights that are vested in the subjects of medical legal relations concerning this sphere. They include the right to informed consent, the right to free choice of a physician and health care institution, medical secrecy and confidentiality, the right to protection of violated rights, and the right to access to health care services. Treatment and care are provided by a physician to every patient and must be provided in a manner that respects human rights.
Human rights in health care are based on the standards of the international concept of human rights, many of which are reflected in regional international treaties and national constitutions. They differ from patient rights, which codify specific rights that are relevant only to patients, but do not apply general human rights standards to all participants in health care, including health care providers. The concept of human rights in the context of health care delivery, for example, pays attention to the phenomenon where many abuses in the field under study are attributed to the “simultaneous and often mutually conflicting duties” of health care providers to both patients and state. For example, in today’s environment of development and improvement of the health care system, physicians and patients must collaborate to make joint decisions about
diagnosis and treatment.
Issues of a financial nature are inextricably linked to the quality of
of medical care, which, in turn, can lead to inequality and discrimination. The social determinants of health care need to be better understood between traditional medicine and the broader concept of the health system, including the peculiar dependence of the right to health and the realization of all human rights.
The human rights approach to health care uses the human rights framework to analyze these elements, among them health care. The following highlights the issues related to human rights in health care. It is by no means an exhaustive list, but it highlights the most problematic issues and vulnerable populations whose rights are often violated in medical treatment.
The right to information
Very often patients are unaware of their rights, including the right to information about Very often patients are unaware of their rights, including the right to information about their health condition and the right to access medical information. According to the results of a sociological
survey in four Lithuanian hospitals, 85% of physicians and 56% of patients have heard or read about patients’ rights. Moreover, only 50% of doctors and 69% of patients thought it was necessary for patients to have information about their diagnosis, treatment outcomes, and alternative therapies. Another survey conducted in Macedonia found that 82% of respondents knew that patient rights existed, but 56% could not name their
rights.
Patients have the right to information about their health status, the purpose of the proposed examinations and treatments, and the prognosis for the possible development of their disease, including any risks to their life or health. Patients also have the right to be familiarized with
relevant medical documents relating to their health.
Right to Privacy and Confidentiality
Patients have the right to privacy about their health status. Not only information about a patient’s medical condition but also facts or circumstances that a patient shares with health care providers during treatment can be considered confidential. The right to privacy and confidentiality must be applied in a culturally, socially and religiously sensitive manner. For certain vulnerable populations, maintaining confidentiality is an important aspect of receiving medical care. For example, privacy and confidentiality are important in the realm of sexual and reproductive rights for women and adolescents.
Privacy and confidentiality are also important elements for patients trying to diagnose and treat stigma-related illnesses, namely HIV/AIDS and mental disorders. Depending on the type of treatment, in some health care facilities only individual health care providers have access to specific medical information about a patient. For example, a nurse who vaccinates a patient does not have the right to access medical information about a patient’s mental state because such information is not relevant. The right to privacy of medical information should not conflict with the right to access medical information. A person in possession of health information may not disseminate that information to non-specialists who provide health care services, the person in possession of the information must ensure proper access to medical information only at the request of the person to whom the information relates.
The patient has the right to access personal health information, has the right to control dissemination of information, to grant the right to disclose information when he or she wishes. The right to privacy of medical information, including the right to access of the patient’s medical information should be upheld, not violated.