Аналітично-порівняльне правознавство (Jul 2024)
Key Characteristics of Autonomy, Confidentiality, Beneficence, Non-maleficence, Justice and Privacy principles in Medical Law within the Context of Human Rights
Abstract
The principles of law play a crucial role in shaping the legal system of a society and ensuring the rights and freedoms of its citizens. This article explores the importance of general principles of law in establishing the rule of law and guaranteeing human rights, with a focus on the principles of medical law. The article highlights the key principles of medical law, including autonomy, beneficence, non-maleficence, justice, and confidentiality, and examines their role in providing ethical and legal guidelines for healthcare professionals. Additionally, the article discusses the influence of international human rights law on the development of sectoral principles of medical law, with a particular emphasis on the 2005 UNESCO Declaration on Human Rights and Bioethics. The articlealsoaddressestheissueof responsibility in medical practice, including the legal liabilities of healthcare professionals and the importance of obtaining informed consent from patients. Through an analysis of international legal instruments, court decisions, and domestic legislation, the article aims to provide a comprehensive understanding of the principles of medical law and their significance in protecting the rights and well-being of patients. Mainly, in the article author explores the key characteristics of autonomy, informed consent, confidentiality, beneficence, non-maleficence, justice, and privacy within the context of medical law and human rights. Autonomy, the right to make decisions about one’s own body and medical treatment, is essential in medical ethics and is protected by human rights laws. Informed consent, the process of providing all necessary information to patients so they can make decisions about their medical care, is a fundamental aspect of patient autonomy. Confidentiality, the duty to protect patients’ personal information, is crucial for maintaining trust between patients and healthcare providers. Beneficence, the duty to act in the best interest of the patient, and non-maleficence, the duty to do no harm, are two key principles that guide ethical medical practice. Justice, the fair and equal distribution of healthcare resources, is also essential in ensuring that all patients receive the care they need. Privacy, the right to control one’s personal information, is another important aspect of medical ethics and human rights. By understanding and upholding these key characteristics, healthcare providers can ensure that patients’ rights are respected and protected in the medical setting.
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