The concept of 'human rights in patient care' refers to the application of human rights principles in the context of patient care. It provides a principled alternative to the growing discourse of 'patients' rights', which has evolved in response to widespread and serious human rights violations in healthcare settings. Unlike 'patients' rights', which are rooted in a consumerist framework, this concept derives from inherent human dignity and neutrally applies universal, legally recognised human rights principles, protecting both patients and providers and allowing for limitations that can be justified by human rights norms . It recognises the links between patient and provider rights, particularly in contexts where providers have simultaneous obligations to patients and the state ('dual loyalty') and may be under pressure to foster human rights violations. The human rights lens allows for an examination of systemic issues and state accountability. The human rights principles that apply to patient care range from the right to the highest attainable standard of health, which includes both positive and negative health safeguards, to civil and political rights, from the patient's right to be free from torture and inhuman treatment to personal freedom and security. They also draw attention to the right of socially excluded groups to be free from discrimination in the provision of health care. Critical rights for service providers include freedom of association and enjoyment of decent working conditions. Some, but not all, of these human rights correspond to those articulated in the 'patient rights' charters. Complementary to, but separate from, bioethics, human rights in patient care have the force of law and can be applied through the courts. They also provide a powerful language to express and mobilise around justice issues and to engage in advocacy through the media and political negotiation. With the rise in popularity of 'patients' rights' movements and charters, it is important to reconnect patients' rights with human rights standards and processes based on international law and consensus.
Chapman/publication/228294954_Human_Dignity_Bioethics_and_Human_Rights/links/5632 2d2608ae3de9381f927f/Human-Dignity-Bioethics-and-Human-Rights.pdf