Individual Rights vs. Institutional Identity: The Relational Dimension of Conscience in Health Care

2010 ◽  
Author(s):  
Robert K. Vischer
Keyword(s):  
Health Care ◽  
Individual Rights ◽  
Institutional Identity

scholarly journals The “We” in the “Me”

2017 ◽  
Vol 43 (1) ◽  
pp. 21-44 ◽  
Author(s):  
Barbara Prainsack
Keyword(s):  
Health Care ◽  
Organ Donation ◽  
Social Practices ◽  
Health Data ◽  
Universal Health Care ◽  
Individual Rights ◽  
Human Beings ◽  
Relational Approach ◽  
Critical Scholarship ◽  
Universal Health

This article challenges a key tacit assumption underpinning legal and ethical instruments in health care, namely, that people are ideally bounded, independent, and often also strategically rational individuals. Such an understanding of personhood has been criticized within feminist and other critical scholarship as being unfit to capture the deeply relational nature of human beings. In the field of medicine, however, it also causes tangible problems. I propose that a solidarity-based perspective entails a relational approach and as such helps to formulate new solutions to complex ethical and regulatory questions, ranging from caring for people at the end of their lives to improving policies for organ donation and better governance of health data. It also underscores the importance of universal health care. Although a solidarity-based perspective does not require health to be seen as an individually enforceable right, it does influence our understanding of individual rights: it draws attention to how their meaning is shaped by shared social practices. I conclude by arguing that, in light of current pressures for medicine to become more personalized, using a relational understanding of personhood to shape policies and practices is a much needed endeavor.

scholarly journals The legal protection of individual rights in the health care sphere: overcoming the ambiguity of the legal regulation of voluntary and informed consent to treatment

2019 ◽  
Vol 16 (4 (2)) ◽  
pp. 65-73
Author(s):  
Maria A. Kapustina
Keyword(s):  
Health Care ◽  
Informed Consent ◽  
Legal Protection ◽  
Legal Regulation ◽  
Individual Rights ◽  
Medical Law ◽  
Medical Activity ◽  
Patients Rights ◽  
Consent To Treatment ◽  
The Individual

The individual rights in the health care sphere are ensured, among other things, by overcoming uncertainty in legal regulation. The problem of ambiguity, filling gaps, contradictory to legal regulation is of relevance in the court hearings of specific cases in the health care sphere. The health care sphere is one of the most important spheres of the legal protection of individual’s rights, because it concerns all the population. In modern medical law, the standardized approach to the regulation of relations in the health care sphere has received widespread recognition. The notions “standard” and “order” are widely applied to the regulation of medical activity and patients’ rights. In the health care sphere the ambiguity of legal regulation is connected with requirements of getting from patient informed consent to treatment. The informed consent must be given by the patient voluntarily and before the medical treatment.

Motorcycle Policy and the Public Interest: A Recommendation for a New Type of Partial Motorcycle Helmet Law

2017 ◽  
Vol 45 (S1) ◽  
pp. 50-54 ◽  
Author(s):  
Kurt B. Nolte ◽  
Colleen Healy ◽  
Clifford M. Rees ◽  
David Sklar
Keyword(s):  
Health Care ◽  
Health Care Costs ◽  
Public Interest ◽  
Individual Rights ◽  
Helmet Use ◽  
The Public ◽  
Motorcycle Helmet ◽  
New Type ◽  
Helmet Laws ◽  
Care Costs

Motorcycle helmet laws are perceived to infringe upon individual rights even though they reduce mortality and health care costs. We describe proposed helmet legislation that protects individual rights and provides incentives for helmet use through a differential motorcycle registration fee that requires higher fees for those who wish to ride without a helmet.

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