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Rights and Duties
Correlative Terms
Wherever there is a right it imposes correlative duties on all others.
e.g., the right to life, the right to privacy, the right to information
RIGHTS
1. Claim Rights - based upon self asserted claims
2. Legal Rights - an act of the legislature
3. Moral Rights-- based upon ethical principles
Negative Rights - impose a duty on others to refrain from doing something
e.g., right to life, health, property, vote
Positive Rights - impose a duty on others to provide something
e.g., right to food, shelter, health care
Basic Principles
I.
II.
Non- Malfeasance- Do NO Harm!! Cause no needless harm or injury according to
reasonable standards of performance. Observe “DUE CARE” . This does not mean that
there must be no risk of injury but only that there be no more than acceptable risks.
Beneficence – Promote the welfare of others. This is inherent in the relationship of a
health care provider (HCP) and the recipient of care.
E.g. the Doctor-Patient relationship.
However, what exactly is the duty of the HCP?
This comes into particular focus as problematical when the health care providers are also
researchers. There must exist standards so that the benefits to the subjects and others are
real and with a real possibility to be realized.
III.
Utility- Attempt to bring about the greatest amount of benefit to as many people involved
as is possible and consistent with the observance of other basic moral principles. Greatest
Benefit and Least harm
Distributive Justice- All involved should have equal entitlements, equal access to
benefits and burdens. Similar cases should be treated in a similar fashion. Problem: Should
people should be treated alike regardless of need, contributions or effort or should they be
considered in order to make adjustments for equality.
IV.
The formal principle of Justice as Fairness (Rawls’ Theory) similar cases are to receive the
same treatment. However, in what ways are the cases similar? In what relevant ways?
V.
Autonomy- People are rational, self determining beings who are capable of making
judgments and decisions and should be respected as such and permitted to do so and
supported with truthful and accurate information and no coercion. They should have their
actions: free of duress, options explained that are genuine possibilities and given the
information for decision making. RESTRICTIONS on AUTONOMY:
1. HARM- stop an individual from causing harm
2. PATERNALISM- weak – stop a person from self harm
Strong – to benefit a person
3. LEGAL MORALISM- legislated morality
4. WELFARE PRINCIPLE- for the benefit of all
NURSING AND ETHICS
Nursing
Profession
Vocation
Employment
Responsibility
Contractual obligations
Autonomy
Bureaucracy
Knowledge and certification
The Set of Nursing Relationships
Human Being >>>>>>
(patient)
Human Being
(physician)
<
\/
Human Beings
Human Being
(family of patient)
(nurse)
\/
Human Beings
(society)
Human Beings
(Nurses)
Models for the Nurse/Patient relationship
1. Parent Surrogate
2. Physician Surrogate
3. Health Educator
4. Patient advocate / protector
5. Contracted Clinician (health care provider) Covenantal Relationship
This model provides a basis for establishing rights and duties