The right to choose treatment-without-treatment: respecting civil rights or an unprecedented manifestation of ‘reverse stigma’?

2018 ◽  
Vol 31 (1) ◽  
pp. 56-58
Author(s):  
Konstantinos N Fountoulakis ◽  
Kyriakos Souliotis

AbstractRecently the Norwegian Health Minister ordered the creation of medication-free treatment wards as a result of the lobbying by patients’ groups and activists. The idea behind this is that patients should have the right to choose their treatment, but for the first time, with this arrangement, the user/patient does not choose between treatment options; he literally determines by himself what efficacious treatment is. In our opinion this is another step towards a ‘reverse stigma’ which denies patients the right to be considered as such and eventually kicks them out of the health care system, deprives them of the right for proper treatment and care and instead puts them at the jurisdiction of the much cheaper and ineffective social services.

2020 ◽  
Vol 28 (2) ◽  
pp. 190-194 ◽  
Author(s):  
Shelley C. Rowe ◽  
Tracey A. Davenport ◽  
Michael A. Easton ◽  
Tanya A. Jackson ◽  
Jennifer Melsness ◽  
...  

2012 ◽  
Vol 57 (2) ◽  
pp. 267-298
Author(s):  
Joaquin Zuckerberg

Modern mental health legislation protects the civil rights of the mentally ill by limiting the scope of permissible state interference with an individual’s autonomy. It also generally sets up mental health tribunals in charge of reviewing compliance with parts of the legislation. However, the legislation does not generally address the right to adequate mental health care. The latter (or its lack thereof) has increasingly become a source of debate among scholars and policy makers. The right to adequate care is increasingly being seen as the sine qua non of the civil rights of the mentally ill. This article explores recent Canadian jurisprudence dealing with the power of administrative tribunals to address constitutional and quasi-constitutional claims, and questions whether such power could give rise to a claim for adequate health care before mental health tribunals. It argues that, subject to some limited circumstances where mental tribunals have been given certain discretion to factor adequate care into their decisions, the recent Canadian jurisprudence does not significantly modify the limited remedies available before mental health tribunals.


2019 ◽  
Vol 23 (4) ◽  
pp. 352-363
Author(s):  
Mary T. Bassett

AbstractThe Black Panther Party (BPP) evolved from an organization focused on armed self-defense against police brutality to one that framed police violence as part of broader social violence. Protection meant advocating for a wide range of social and economic rights, including the right to health. In this view, the BPP aligned with a broader tradition of community health from the civil rights movement, women’s movement, and other progressive movements. Fred Hampton articulated a radical view that saw the inadequate government social services as a form of oppression. Central to better health was the promotion of social justice and human dignity, incorporated into the BPP “survival programs.” In a few short years, the BPP established more than a dozen clinics across the country and a national sickle cell screening program. Its legacy remains relevant today.


2019 ◽  
Vol 7 (3) ◽  
pp. 231-240
Author(s):  
Vasiliy V. Vlassov ◽  
Sergey V. Shishkin ◽  
Alla E. Chirikova ◽  
Anna V. Vlasova

The simple idea of rationing appears unacceptable both for the relatively poor "socialist" health care in Russia and for the most expensive USA health care. In Russia the idea of rationing is unacceptable, because the Constitution promises free and unlimited medical care. Therefore, discussion is blocked from the top. In the USA the idea is unacceptable, because citizens are understood as having the right to free choice of legal access to any care, without intervention of a 'death jury'.<br/> We analyse the similarities and differences in the arguments rejecting explicit rationing in health care in the USA and Russia. We describe the legal framework in Russia related to rationing, and the results of a qualitative study of the understanding of the concept of rationing by Russian doctors and of the practices in Russian health care organizations to limit the use of expensive diagnostic and treatment options.<br/> While the Russian Constitution promises free medical care, unlimited, legally there are limits imposed by the quota of specific treatments, limited access to care abroad, and problematic access to drugs not included on the essential drug list for inpatient care. Explicit rationing is not rejected by society or by the medical profession. In medical organizations the more explicit techniques are a second opinion by a committee (physicians' commission), especially in the case of prescription of drugs and diagnostic tests. Physicians tend to behave as medical professionals do: provide more care to people in greater need.


Author(s):  
George W. Sledge ◽  
Robert S. Miller ◽  
Robert Hauser

Patients, health care providers, and payers all have a similar interest in a health care system that is both efficient and intelligent. The attributes of such a system are widely recognized: we want a system that provides widespread access to consistently high-quality, science-based medical care; we want that system to be efficient, avoiding unnecessary waste, while delivering the right treatments to the right patients in a timely fashion; we want a system that allows us to both learn from our experience and generate new knowledge that will inform future treatment options; and we want a system that is compassionate and caring. What we want from a health care system often runs up against real-life obstacles and challenges: a fragmented delivery system, varying levels (or lack of) insurance, a growing burden of regulation and paperwork, and an increasingly complex understanding of tumor biology and the therapeutic approaches derived from this biology. New challenges are on the horizon—emerging genomic and imaging technology, with their enormous cognitive and data burdens, and a looming demographic challenge, where inadequate personnel resources face an aging population and an explosion of new treatments. Not all problems have technologic solutions, but many of the issues described above have potential solutions related to information technology. ASCO's CancerLinQ, described in this article, is an evolving attempt by the Society to improve the quality and efficiency of cancer care, while supporting education and research in the cancer field.


2020 ◽  
Vol 17 (3) ◽  
pp. 411-420
Author(s):  
Aleksei Grishkovets

The article analyzes the provisions of the draft of the Code of the Russian Federation on Administrative Offenses, developed on the basis of the Concept approved in 2019 by the Russian Government. Attention is drawn to the fact that the Concept, for the first time in domestic practice, contains a provision stating that improving the institution of administrative responsibility will require work to transform it from a predominantly punitive-fiscal instrument into the institution of sentencing, subject to differentiated application taking into account the risk-based approach. Based on the analysis of particular compositions of the draft of the Code of Administrative Offenses, it has been concluded that the punitive-fiscal orientation in it remains. Suggestions have been made on possible ways to overcome this. Administrative penalties should only provide general and specific prevention. The economy of administrative repression should become an element of the administrative policy of the executive branch. After the entry into force of the new Code of the Russian Federation on Administrative Offenses, it has been proposed to conduct annual monitoring of its application, which will make it possible to identify the compositions that bring the greatest income to the budget. The problem of the existence of a profitable business on administrative responsibility is outlined. Attempts to introduce public-private partnership related to the provision of police assistance are assessed negatively. Based on Russian realities, it can be assumed that in practice this will lead to abuse by police officers and, as a result, to violation of human and civil rights and freedoms. Only in the future, the Russian police should gradually transform from a purely security structure focused on the use of state coercion measures into a structure that is largely service, providing citizens with specific services, in particular, providing them with police assistance when necessary. The idea is supported to recognize the “right to error” and “the right to forgiveness” for an administrative offender. It is proposed to implement it by expanding the possibilities of applying a warning as an alternative to such a punishment as an administrative fine, as well as by expanding the list of possible grounds for exemption from administrative liability. It is concluded that the adoption of the draft of the Code of the Russian Federation on Administrative Offenses does not look obvious.


1988 ◽  
Vol 18 (4) ◽  
pp. 543-561 ◽  
Author(s):  
George Tsalikis

Following seven years of military rule and seven years of “democratic restoration” under the Right, Greece is now sailing under the flag of the Panhellenic Socialist Movement (PASOK). The Movement was inspired by the ideals of participatory democracy and socialization of the economy and of social services. A central part of socialist planning brought about the National Health System Act (1983) and related legislation intended to universalize health care, remove disparities, and restrict the private sector. It is argued here that the implementation of PASOK's statutory reforms in this field, as in others, will be subject to its ability to transform traditional patterns of production and consumption. As is now increasingly understood, it is hard to plan for socialism on the basis of wants provisions and patterns of consumption established under capitalism.


2003 ◽  
Vol 8 (2) ◽  
pp. 128-138 ◽  
Author(s):  
Kelly Putnam ◽  
Laura McKibbin ◽  
Stacie Lancaster ◽  
Jessica Schwade

Depression is one of the most prevalent and costly employee health issues in American business and industry. Despite the high costs—both human and economic—associated with depression and the availability of prompt and efficacious treatment options, most employers remain unresponsive due to either a lack of concern or awareness regarding the significant impact of depression on the workplace.


2019 ◽  
Author(s):  
Christine Henriksen Oedegaard ◽  
Larry Davidson ◽  
Brynjulf Stige ◽  
Marius Veseth ◽  
Anne Blindheim ◽  
...  

Abstract Abstract: Background: Norway recently changed national policies in psychiatry emphasizing the right for persons with psychosis to choose medication-free treatment. Long-term anti-psychotic medication is debated, in terms of effectiveness and side effects. New guidelines generate increased treatment options for patients with severe mental illness. Methods: This study explore users’ experiences with treatment choices in this unique context. We interviewed eleven patients diagnosed with psychosis about their experiences of choosing treatment, analysing the transcribed data team based and stepwise. Results: Findings show how choosing treatment appears to be a complicated process with many influencing factors. Emerging themes were about the dialogue between patient and therapist, the importance of having a treatment choice, difficulties choosing the unknown not knowing what helps, choice influenced by the level of experience with in particular medication, and coercive measures contrasting the freedom of choice. Conclusion: The freedom to choose was perceived important, but the complexity of choosing showed how optimal care might not always equal the freedom to choose. Aiming for optimal care, we need to consider how involuntary admission and other coercive measures are used, and possibly improved, in order to care without further traumatizing people who are already in extreme distress. Ethical approval: The Regional Ethics Committee for Medical Health Research (REK southeast 2017/736) defined this study as health service research and hence according to the Norwegian health research legislation, the study was to be approved by the local data protection officer. The data protection officer for Health Bergen approved the study in July 2017 (2017/8692).


Author(s):  
Laureta Mano ◽  
Mirela Selita

The social security system in Albania consists of social assistance and social services, health services and health care insurance and social insurance schemes. In the social objectives of the constitution are declared that the State within the constitutional competencies and the probable means as well as in the fulfillment of private initiatives and responsibilities, aims to higher possible standards of health, physical and mental; social care and services of elderly, orphan and invalids; medical rehabilitation, special education and integration in the community, of disabled persons. The Constitution foreseen that everyone has the right of social insurance when retired or in case of incapacity of work under a certain system established by a law. Everyone, when is unemployed for any reasons independent on individual will and when there is no living means, has the right of need under the conditions foreseen by law. Social insurance is a scheme protecting by benefits persons in respect of temporary incapacity due to sickness, maternity, old-age, disability and loss of breadwinner, employment accidents/occupational diseases, unemployment. Social Services are benefits in kind for disabled persons or vulnerable persons. Social Assistances are cash benefits given to families in need, that means families with lower incomes comparable with minimum standard of living or families without incomes. Health services consist of public health, primary health care, hospitalization services nurse's service, dental and pharmaceutical net. The Institutions of Social Protection in Albania are Social Insurance Institute, National Social Services and Health Care Insurance Fund.


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