Right to Health and Proportion of Right to Health Information in the Patient’s Right Charters

Right to Health and Proportion of Right to Health Information in the Patient’s Right Charters

Mir Sajjad Seyed Mousavi (Department of Public and International Law, Shahid Beheshti University, Tehran, Iran), Vahideh Zarea Gavgani (Department of Medical Information and Library Science, Tabriz University of Medical Sciences, Tabriz, Iran & National Public Health Management Centre (NPMC), Tabriz, Iran &Iranian Center for Evidence Based Medicine, Tabriz, Iran), Mohammad Ghari Seyed Fatemi (Department of Public and International Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran), Mohammad Rasekh (Department of Public and International Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran), Mohammad Hossein Zarei (Department of Public and International Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran) and Ali Akbar Gorji (Department of Public and International Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran)
Copyright: © 2013 |Pages: 10
DOI: 10.4018/ijudh.2013040107

Abstract

Health is not lack of disease. It is an incomplete condition of psychological, physical and public welfare. Therefore to benefit from highest norms of healthiness is one of the most fundamental and necessary rights of human being. According to the Article 25 of the Universal Declaration of Human Rights 1948 “Everyone has the right to a standard of living adequate for the health, and wellbeing of himself and his family.” United Nations. (2012). This paper reviews the proportion of right to health information in international, regional and national legislations and examines the patients’ right to information in patients’ right charters. This study is qualitative study it reviews the patients right charters to follow the portion of right to right to health information. International, regional, and national conventions along with the patients’ right charters of five countries from the five continents were examined against the right to health and right to health information. The Britain patient’s right charter more than other countries in this study has considered and dealt with right to information, about 4 out of 7 of its total articles refer to right to information. In contrast South Africa was assigned as the country which gives less priority to right to information among the other countries. Four out of 11 articles in the patients’ right charter of this country deals with right to health information. Iranian Patients’ right charter stood in the fourth rank after Britain, US and Australia for respecting the patients’ right to information, 2 out of 5 articles.
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Review Of Literatures

A review of literature showed a research gap in comparing the proportion of right to health information in international, national (Iranian nation) conventions and patients’ right charters. Most of the published studies dealt with the perception of right to informed consent or in other words right to information rather than right to health information in particular. A brief synopsis of studies from different aspects of right to information is presented here.

A Japanese study (Hattori et al., 1991), showed that legal rules and doctor's opinions using questionnaire survey concerning informed consent showed that even though Japanese physicians are willing to obtain informed consent from patients, the discretion of the physician to provide information is still prevalent. Japanese physicians believe that information regarding the treatment to be administrated should be fully disclosed both in cases when the treatment is still experimental and when it is established among specialists. Finally, the survey showed that despite the liberal attitude of the Japanese physicians toward informed consent, they are reluctant to make medical records accessible to the patients.

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