7. Human Rights and Responsibilities. Rights & Responsibilities. However, they are legally required to adhere to accepted standards of practice, providing professional care that doesn’t put patients at … The Constitution is a group of principles that contains the highest law of the land. Not to unreasonably refuse a patients access to health care, especially where there are no state facilities available to assist patients. RIGHTS. All Rights Reserved. What is the Patients' To access to the courts which includes the right to have their justifiable disputes heard in a court of law or other appropriate forum. Where allowing access might be permissible, Appendix 1: Retention and disposal of records, Appendix 2: Ownership and transfer of records, Appendix 3: Paper records – environmental risks, Appendix 1 - Key legislation referred to in the text, Appendix 2 - Links to relevant information, Appendix 4 - Children's Act (38 2005): General regulations regarding children, Maintaining an open mind – being willing to revise an initial diagnosis, Keeping comprehensive and contemporaneous clinical records, The Constitution, and all the statutes and regulations stemming from it that embody its principles. To express themselves freely and to have their freedom of expression respected especially where their health care is concerned. To treat all his/her patients equally and provide them with the same level of concern. The Department of Basic Education launched the Bill of Responsibilities in 2008. 2 Contents 1. The South African Pharmacy Council has embarked on a Patient Information Campaign to inform patients of their rights in terms of the National Patient Rights Charter, every patient’s responsibilities and to encourage the public to consult with pharmacists. While they claim that the “12 responsibilities flow from each of the 12 rights enshrined in the Constitution of the Republic of South Africa”, this is false. constitutional rights of educators and learners alike. To assist in legal proceedings when called upon as expert witnesses. activities. Case law – or common law – is the body of written opinions made by judges when they make their rulings. To freedom of movement and residence which includes not to be subjected to unreasonable limitations in terms of where doctors must live and work. Doctors have the responsibility to inform their patients of the harmful effects of medicines and how to store and use it properly. 109 of 1996), the HIV positive people who have travel costs associated with visits to the doctor or hospital for treatment or check up for HIV are entitled to have these costs covered. professionals (e.g. Medical practitioners can’t cure all ills or prevent all health issues from having negative outcomes. To pay for services rendered by doctors and to take personal responsibility for accounts, even where a medical scheme is involved. To seek and receive education on public and private health matters. This includes the right of patients to complain. Every doctor has the responsibility Every patient has the right-Every patient has the responsibility-To freedom of religion, belief and opinion, which includes the right of doctor to act in accordance with their beliefs. 2. To protect life, within the confines of a patient's right to physical autonomy and decision-making power. To act in accordance with public and private education received. Trade unions started as friendly societies aimed at assisting their members with various matters, including offering financial help for education purposes and also in cases of illnesses. Doctors who act as witnesses in cases have the right to be fairly remunerated for their services. The rights regarding the health care services in respect of which a user is entitled to access can be divided into four areas: the general right of access to health care services; the right to emergency medical treatment; rights of access in the public health system; and rights of access in the private health system. To freedom and security of the person which includes the right to physical autonomy and the right to be free from violence. To pay for health care services received, where such services cannot be provided for free in terms of the public- or a charitable system. To freedom of association with any group, club, scheme or project, as long as it is within the boundaries of the law. In fact, there are many instances in which the outcome would have been the same for the patient whether the breach of duty had occurred or not. Once you're done, you can register to be a doctor with the Health Professions Council of South Africa (HPCSA) and look for jobs as a practicing physician. To privacy which includes respect by those to whom they entrust such information, as well as other health care workers and intermediaries who deal with their health care information. Doctors have a responsibility to assist in realising the right of access to health care, which may include issuing prescriptions ensuring access to the best available treatment. To respect the rights of doctors and others to associate and to respect the duties flowing from their own free association. The protection of the independent school lies within their administrative rights, according to Promotion of Administrative Justice Act 3 of 2000 (‘PAJA’). Providing healthcare providers “with the relevant and accurate information for diagnostic, treatment, rehabilitation or counselling purposes”. To permit others freedom of movement and residence and to respect regulation by law in this regard. To have his/her life protected by means of the benefits of medicine, when available and when s/he so wishes. Not to exercise his/her association in such a manner that it discriminates against any other person, amounts to supporting any scheme providing perverse incentives or - to a denial or exclusion of the rights or benefits potentially due to other doctors or others. The duty to realise this right rests on the state that has to proof the reasonability of their measures and laws in that regard. Hundreds of farmers, farm dwellers and workers took part in a recent land rights awareness campaign organised by the provincial Department of Rural Development and Land Reform at Boshoek farm in Mashishing (formerly Lydenburg). Although in many respects intertwined, there are three distinct sources of legal and ethical principles that inform medical practice: The Constitution is the supreme law of the Republic. Although a doctor has the right to choose his/her patients, such choices may never amount to unfair discrimination and emergency treatment may never be refused. Parental Responsibilities and Rights. Children’s rights are entrenched in Section 28 in the Bill of Rights in the Constitution of South Africa. To tolerate and respect linguistic and cultural diversity. Peoples’ Rights, which is like a Bill of Rights for Africa. Doctors have the duty not to harass patients, colleagues or others on the basis of sex, gender, sexual orientation, race or any (presumed) group characteristic. To pay their dues, to fairly remunerate their own employees and to respect the property of others. Doctors have the right to reasonable accommodation of their religious beliefs, short of undue hardship to others. Telling their healthcare providers what their wishes are regarding their death. It does this by: within South Africa enjoy the same human rights under the Constitution as South African citizens, except for the right to vote and the right to form a political party. Constitution. In Part 1, some of the interventions and measures that have been put in place by the Government to try to mitigate the effects of COVID-19 on employers and employees were discussed. The Patients’ Rights Charter reminds us to be respectful towards one another as nurses, doctors and patients at hospitals and clinics. To an environment that is not harmful to their health or wellbeing, including a setting that is conducive for recovery. Search or browse RateMDs for trusted reviews & ratings on doctors in South Africa. All medical schools in South Africa are now compelled to provide training in ethics, law, and human rights as a compulsory part of their curricula [19, 20]. Doctors have the right to notify their patients of their services according to the rules of the HPCSA. Copyright © 2020 Medical Practice Consulting. The Medical Protection Society Limited (MPS) is a company limited by guarantee registered in England with company number 00036142 at Level 19, The Shard, 32 London Bridge Street, London, SE1 9SG. Kathleen Rice. To take care of state housing provided to them and not to refuse housing (to let or sell) to any person based on a prohibited ground of discrimination. For example, a delay in diagnosing an already untreatable tumour is unlikely to affect the outcome for the patient. Know your rights, know your responsibilities and empower others to do the same. These rights are in the best interest of all children under the age of 18 years old. South Africa lags behind other parts of the world when it comes to defining the rights of students in a single document. As one who knows your body, your aches and pains, your specific needs related to your injury, you have the right to two-way communication with your doctor about your long-term care concerns. Many of the principles and ideals expressed in the Constitution have been encoded in legislation, some of which has a direct bearing on the work and business of general practice. South Africa’s Extension of Security of Tenure Act has been put under the spotlight in Mpumalanga province. To assist in the realisation of the right of access to health care of all arrested, detained and accused persons and to bring to the attention of the authorities or inspecting judge any irregularities or needs in relation to health care. either a denial or violation of fundamental human rights, including rights to health care services. To assemble, demonstrate, picket and present petitions in relation to health care issues. Rights and responsibilities in rural South Africa: implications for gender, generation, and personhood. Most of these increases have been seen in the riskier specialties such as obstetrics, spinal surgery, neurosurgery and neonatology. 1.2 To ensure the realisation of the right of access to health care services as guaranteed in the Constitution of the Republic of South Africa, 1996 (Act No. harm resulted from the breach (causation). To ensure that medical waste are disposed off appropriately and that appropriate protocols are followed in terms of infectious disease control. Therefore all statutes and conduct must support and reflect its principles and aims. South Africa’s largest pub­lic inter­est, human rights law clinic. To property, which includes the right to be paid a fair remuneration for services rendered and not to have any unlawful interference with these and other property rights. Because the practice of medicine is so intimately concerned with people’s bodies, personal vulnerabilites and well-being, it is subject to legal and ethical restrictions, all of which have evolved or been designed to protect patients’ interests. Under the Constitution, all citizens enjoy certain rights, and – as a doctor – you have a responsibility to ensure that those rights are respected; patients also have responsibilities, which are set out in the Patient’s Charter. 3.2 To care for and protect the environment. To equal treatment and equal benefit of the law, including provisions relating to medical care, medical schemes, etc. Children’s rights are entrenched in Section 28 in the Bill of Rights in the Constitution of South Africa. It promotes transparency and corporate governance and brings South Africa in line with international best practice. To freedom of association which includes the right to voluntarily form, join and participate in any association or to disassociate. Complying with treatment. appreciate that the rights enshrined in the Constitution of the Republic of South Africa are inseparable from my duties and responsibilities to others. Private institutions must maintain standards not inferior to that of public institutions. A background to health law and human rights in South Africa 3 The South African Constitution 9 The relationship between human rights, policy and law 10 1.3 Health under apartheid 11 Social conditions that caused ill health 11 Segregation of health services 13 Unequal spending on health services 13 To freedom and security of the person which includes freedom from cruel, inhuman or degrading treatment; to be free from violence and not to be subjected to medical experiments without informed consent. To tolerate and respect linguistic and cultural diversity and to speak out when these constitute barriers to good health care. Doctors have the right to work in an environment that is not hostile in terms of sex, gender, sexual orientation or (presumed) race or ethnicity. To freedom of religion, belief and opinion which includes the right of doctor to act in accordance with their beliefs. 109 of 1996), the 3 RESPONSIBILITIES OF THE PATIENT Every patient or client has the following responsibilities: 3.1 To take care of his or her own health. An allegation of negligence will only succeed if the plaintiff can satisfy the court, on a balance of probabilities, that all three of the following conditions apply: Assuming that the first criterion is established (which is usually the case), the plaintiff must then present convincing evidence that the healthcare professional concerned could reasonably have foreseen the consequences of his or her action and did not guard against such an eventuality; moreover, it must be demonstrated that the practitioner’s actions fell short of the standards the law considers reasonable. The drafters of our Constitution have made children's rights a priority. Doctors have the right to be assisted in disciplinary enquiries, to state their side of the case and to an impartial chairperson. The test of reasonable conduct was set out in the judgment of the 1924 case Van Wyk v Lewis, as follows: “[In] deciding what is reasonable the court will have regard to the general level of skill and diligence possessed and exercised at the time by the members of the branch of the profession to which the practitioner belongs.”. To fair labour practices including fair dispensations of overtime, leave and working conditions and the right to have their grievances taken up at appropriate forums. Patients also have the right to take part in cultural practices. It includes the unfettered right to choose life partners and friends. To language and culture which includes the right to converse in the language of one's choice, where practicable. This Bill of Rights is a cornerstone of democracy in South Africa. The original numbering, as it appears in the South African Constitution, has been retained here, hence it begins at Article 7. In South Africa, we celebrate Human Rights Day with a public holiday on 21 March. My responsibility in ensuring the rights to equality-treat … Section 1.3.1 introduces the empirical research, followed by a discussion on Teacher Rights (section 1.3.2), Responsibilities (section 1.3.3) and Safety (1.3.4). 6 South Africa background To fulfill their employment duties. Doctors may not refuse emergency treatment to patients. South Africa’s history is defined by the battle for basic human dignity. To ensure that any political affiliation and activities does not interfere with his/her duties to good patient care. To ensure that patients are not subjected to cruel, inhuman or degrading punishment or treatment and to report instances where such occur, especially within the spheres of prison, detention, etc, as well abuse of children and the elderly. To respect the religion, belief and opinion of doctors and others and not to force any doctor or other person to act according to a certain set of beliefs. In a democratic world, few can deny that we have one of the most liberal constitutions in the world. South Africa’s largest pub­lic inter­est, human rights law clinic. Telling the doctor about your child’s condition and medical history Following the doctor’s advice about treatment Paying your hospital bill (or letting hospital staff know if you need assistance paying your bill) Indiana University Health fosters human dignity and preserves the rights of each patient. Not to be vexatious in taking doctors to court. Roles and responsibilities of Medical Managers in South Africa ... MANAGERS IN SOUTH AFRICA 6. This marks the day of the Sharpeville massacre in 1960, when 69 people were killed (29 of them children) while protesting the pass laws of the apartheid era (pictured above). Therefore l accept that with every right comes a set of responsibilities. Appreciating that the rights enshrined in the Constitution of the Republic of South Africa are inseparable from duties and South Africa is a diverse nation, and equality does not mean uniformity, or that they are all the same. 1. Doctors have the right to post-exposure prophylactics in cases of occupational exposure to HIV. To pay a fair amount for services rendered by doctors, not to be over-serviced or overcharged and to make enquiries in relation to accounts. In South Africa trade unions were stared towards the dusk of 19th century but the early trade unions were formed for racially white workers. During apartheid people may have been treated badly at hospitals and clinics. ... Legal Aid SA works with Childline South Africa in matters where children’s rights are violated. Advice on handling attention from the media, Medical Records in South Africa: A Medical Protection Guide, Consent to Medical Treatment in South Africa: A Medical Protection Guide, Common Problems: Managing the Risks in General Practice in South Africa, Common Problems: Managing the Risks in Hospital Practice in South Africa, Understanding your legal and professional responsibilities, Appendix 1: List of ethical rules, regulations and policy guidelines published by the HPCSA, Appendix 2: Assessing decisional capacity, Appendix 3: Sources of guidelines, research and evidence-based care, Medical certificates - Avoiding the pitfalls, Aspects of confidentiality: A request from SARS, High reliability in healthcare: A personal failure, The challenges of treating Jehovah's witnesses, Aspects of confidentiality: High-profile patients, Aspects of confidentiality: When your patient is an impaired practitioner, Telephone consultations: Hanging up on the risks, Followership: the forgotten part of leadership. Since then, South Africa has made great strides forward. your rights and responsibilities are as a patient when you go for treatment and medication at health facilities. To ensure that they exercise their occupation within the limits set by the HPCSA and the law. Patients have the duty to follow the advice of their doctors and to fully inform their doctors of their health status. The drafters of our Constitution have made children's rights a priority. In addition to facing a civil claim in negligence, doctors whose practice falls short of acceptable standards may face disciplinary action by the Health Professions Council. Patients have the responsibility to follow the advice given by their practitioners and to regularly and openly communicate with their doctors on matters affecting their health care. Not to be unfairly discriminated against by any patient, medical scheme, medical faculty or school, government, employer or any other person or institution on the basis of their race, gender, origin or any other ground. Other statutes and regulations that may affect general practice (see Box 1) include the Children’s Act, which clarifies children’s rights and parental responsibilities; the Communicable Diseases Regulations, which set out medical practitioners’ responsibilities regarding notifiable diseases; and various regulations under the Health Professions Act governing the licensing of practices, among other things. This marks the day of the Sharpeville massacre in 1960, when 69 people were killed (29 of them children) while protesting the pass laws of the apartheid era (pictured above). To look after his/her own health and to ensure that s/he is not endangering the health of others when in detention. > Suing a Doctor or Hospital in South Africa: What Are Your Rights? Appreciating that the rights enshrined in the Constitution of the Republic of South Africa are inseparable from duties and South Africa is a diverse nation, and equality does not mean uniformity, or that they are all the same. The average salary for a Physician / Doctor, General Practice in South Africa is R505,866. To take legal action to enforce their rights in the health care setting. Both asylum seekers and refugees have the right to seek employment in South Africa… Not to interfere with the rights of movement and residence of others and to, as far as possible, accommodate patients whose residence may cause difficulty in accessing health care. Decisions, decisions – choosing a specialty, Maintaining a professional digital profile, The importance of keeping good medical records. Doctors also have the right Constitution. This document should be read in the light of the provisions of the South African Constitution and the ethical duties placed on doctors by the Health Professions Council of South Africa. The Health Professions Council of South Africa, which is mandated to set and maintain standards. To provide access to information requested by their patients and to ensure that health data is stored safely and not sold or passed on without the patient's informed consent. The information contained on this website is aimed at providing members of the public with guidance on the law in South Africa. 3.4 To utilise the health care system properly and not to … The state has to ensure that appropriate systems are in place for medico-legal work, such as cases of rape, domestic violence, abuse, assault, drunken driving, etc. Since then, South Africa has made great strides forward. Authorities and individuals have the responsibility to ensure that their cultural practices are not detrimental to the subjects thereof. Based on TRISCOMS technology. All medical schools in South Africa are now compelled to provide training in ethics, law, and human rights as a compulsory part of their curricula [19, 20]. The Promotion of Access to Information Act of 2000, for example, gives everyone a right of access to their records (including health records) if they need them to exercise or protect their rights, even if the holder of the information is a private business. © 2010 - 2020 The Medical Protection Society Limited. In South Africa, trade unions for many years not only fought for worker’s rights within the workplace but also beyond the workplace. 7. These principles must be respected and obeyed by all. Others 6.1 Plumbing (Doctor’s room was flooded) 6.2 Cleaning (Ward was not cleaned) 6.3 Portering (Porter was not available) 6.4 Social work (Patient had no money) To access to health care where reasonably possible within the states available resources. Choice on Termination of Pregnancy Act 1996, Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007, Promotion of Access to Information Act 2000, the plaintiff was owed a duty of care by the defendant. In that regard, the BCEA places strict duties and obligations on employers to comply with the minimum terms and standards for employees employed in the Republic of South Africa. Social security institutions have to remunerate doctors fairly and timely. To equal treatment and equal benefit of the law in all applications by and dealings with government, the private sector and others. This also means that economic endeavours should not amount to perverse activities, or undermine good patient care. 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