| Unit.C.7.1.
Rights - Human/Dying/Offender/Victim/Patient |
[Unit.A.7.1.]
[Unit.B.7.1.] [Unit.C.7.1.]
[Unit.D.7.1.] [Unit.E.7.1.]
|
Australia |
focus
points
|
 |
Insert forensic
focus points here
Canada |
focus
points
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1982 -The Canadian
Charter of Rights and Freedoms became a fundamental part
of the Canadian Constitution (Canada's Justice System, 1993,
p. 12).
The Canadian
Charter of Rights and Freedoms contains the constitutional
protection of inmate rights. The major federal statutes
that outline the rights of inmates contained in the Charter
include:
- The Criminal
Code
- The Corrections
and Conditions Release Act
- The Criminal
Records Act
- The Transfers
of Offenders Act
- The Access
to Information Act
- The Privacy
Act
- The Canadian
Human Rights Act.
Exceptions to
the client's right to confidentiality - Under certain circumstances
breaching confidentiality may be necessary, according to
the Canadian Nurses Protection Society. For example the
law requires you to:
- report suspected
child abuse;
- report certain
communicable diseases; and
- release information
under the authority of a court order in the courses of
legal proceedings (CNPC, 1993).
| Victim
Behavior |
|
|
| Body
Language |
Victim
Behavior |
Assertive
Behavior |
| Body
posture |
Shoulders
slumped, arms in a closed body position |
Erect,
confident, weight evenly distributed |
| Eye
contact |
Head down,
no eye contact, eyes down
|
Look
directly at attacker alert aware. |
| Gestures |
Hands
at sides, no movement |
Stop
or halt gesture strong defensive position |
| Voice |
Squeaky,
whining, apologetic, uncertain |
Well
modulated, level, direct, and to the point |
| Facial
Expressions |
Blank,
frightened, timid |
Direct,
determined concentrated |
| Timing |
Hesitant,
uncertain |
Quick,
spontaneous and purposeful |
| Body
Movement |
Exaggerated
strides, Stepping softly, cross movement of torso |
Entire
gody moves with confidence and purpose |
International |
focus
points
|
|
Insert forensic
focus points here
United Kingdom |
focus
points
|
|
"Traditionally
doctors have always learnt from the dead. Early anatomists
gained their knowledge by dissecting corpses. It is also
common practice for doctors to teach and learn the lifesaving
practice of endotracheal intubation on newly deceased patients"
(Iserson, 1993; Orlowsji, 1998; Morhaim & Heller, 1991;
Courtenay, 1998, p. 32).
"Nurses
and doctors must be permitted to continue to learn from
their patients, who even in death have much to teach us.
However it is also our duty to ensure that we adhere to
moral and ethical codes" (Courtenay, 1998, p. 33).
"The Universal
Declaration of Human Rights was signed on December 10, 1948.
(Amnesty International,1979, 1996). Through this declaration
the world said never again to the atrocities of the second
world war. It proclaimed that all human being whoever they
are and wherever they live have rights that should be respected
at all times. It said that all human beings are born free
and equal in dignity and rights. They are endowed with reason
and conscience and should act toward one another in a spirit
of brotherhood" (Carlisle, 1998, p. 41).
"For example
everyone has the right to life, liberty and security of
person. No one should be subjected to torture or to cruel,
inhumane and or degrading treatment or punishment. It enshrined
the right to freedom of expression and association, as well
as to a standard of living adequate for health and well
being, including food clothing housing, and medical and
social care and necessary social services" (Carlisle,
1998, p. 41).
"But 50
years on, it is being described as the world's greatest
kept secret, war crimes have continued unabated. Half of
the world's governments still imprison people solely because
of their beliefs, race gender and ethnic origin, A third
of the world's governments torture their prisoners. Amnesty
International and other human rights groups, are coordinating
public campaigns and asking to reclaim their rights, commit
themselves to supporting human rights, pressing governments
to meet the promises made in 1948" (Carlisle, 1998,
p. 41).
"Nurses
are often witness to human rights abuses. Their professional
knowledge and trusted position in society makes them credible
and powerful voices" (Carlisle, 1998, p. 4o). "Amnesty
International has been active in promoting the concept of
health workers as witness and exposers of human rights abuses"
(Carlisle, 1998, p. 40).
"Human
rights are those inalienable rights which transcend political
boundaries, ideologies and religious faiths. The Universal
Declaration of Human Rights adopted by the United Nations
in 1948, embodied rights relating to personal liberty, security,
family and faith" (Carlisle, 1998, p. 40).
"Professional
ethics on the other hand is a codified guide regulating
the behavior of medical and other health professionals in
their dealings with patients and with each other" (Carlisle,
1998, p. 40).
"Both have
at their heart certain understanding of the value of the
human individual and of his or her right to be treated with
dignity and respect. Amnesty International believed that
the ethics of the health professional should reinforce human
rights and make health professionals allies in its campaign
for the promotion and protection of basic rights" (Carlisle,
1998, p. 40).
"The campaign
to defend human rights is different things in each country,
it may be associated with torture, genocide, unfair trials,
state sanctioned disappearances, and the killing of political
prisoners. In 1971, the International Council of Nurses
officially endorsed the United Nations Declaration of human
rights" (Reed & Driscoll, 1998, p. 17).
"In our
view national and international ethical and professional
code of nursing already offer a universal language, of human
rights. They incorporate the dignity, worth and freedom
of the recipient of health care but can sometimes remain
inconspicuous in clinical practice. It is worth remembering
that human rights become rights for people only when they
are challenged. How many patient's would realize they had
such rights. What human rights may be unconsciously infringed
by nurses and what impact does that have on the individual
patient" (Reed & Driscoll, 1998, p. 17).
"Dignity,
respect, privacy, freedom of movement, confidentiality,
the right to information, these thing are fundamental rights
and matter in the field of health care" (Reed &
Driscoll, 1998, p. 17).
United States |
focus
points
|
|
The Dying Person's
Bill of Rights
I have the right
to be treated as a living human being until I die.
I have
the right to maintain a sense of hopefulness however changing
its focus may me.
I have the right to express my feelings and emotions about
my approaching death in my own way.
I have the right to participate in decision concerning my
care.
I have the right to expect continuing medical and nursing
attention even though "cure" goals must be changed
to comfort goals.
I have the right not to die alone.
I have the right to be free from pain.
I have the right to have my questions answered honestly.
I have the right not to be deceived.
I have the right to have help from and for my family in
accepting my death.
I have the right to die in peace and dignity.
I have the right to retain my individuality and not be judged
for my decisions which may be contrary to beliefs of others.
I have the right to be cared for by caring, sensitive, knowledgeable
people who will attempt to understand my needs and will
be able to gain some satisfaction in helping me face my
death.
(American Journal of Nursing, 1975).
"Do
not resuscitate orders, advance declarations, and health
care proxies describe "approaches to ensuring respect
for the past decisions of competent patients" (Montgomery,
1994, p. 98; cited in Goll-McGee, 1999, p. 13).
"Today's critical care nurses, while still primarily
operating within the protected walls of a hospital, find
themselves interacting increasingly with the unfiltered
malevolence of society. This forced intersection of society
and nursing compels nurses to consider their civic duties.
In dealing with legal and societal realities, knowledge
of forensic can help allay the sense of uncertainty experienced
when nurses must be framed within the civic text. Knowledge
of forensics can also serve to enhance social consciousness.
Justice becomes not just a moral imperative but a legal
one as well" (Winfrey, 1999, p. 2).
"Consider the patient care situations that daily confront
critical care nurses. Incidents of domestic terrorism result
in critical care nurses being just as likely to care for
victims of a bombing as to care for perpetrators. In urban
settings the victim may be an innocent bystander hit during
a gang shoot out or be a gang member. None of these individuals
enters the hospital diagnosis as either victim or offender.
It is only the legal system after due process, affixes such
labels" (Winfrey, 1999, p. 2).
"Ensuring
inmate's human rights is of major importance in the controlled
environment of correctional facilities. Justice a cardinal
concept guiding the nurse's profession, mandates that all
persons receive nursing services that are equitable in terms
of accessibility, availability and quality" (A.N.A.
1995).
"In
the late sixties and early seventies in the US access to
medical treatment for prison inmates was established as
not merely a right, but a constitutional right. This right
applies to pretrial detainees as well as sentenced prisoners
in both state and federal institutions. It is grounded in
the Eighth Amendment's prohibition of against cruel and
unusual punishment" (Dubler, 1978, p. 7).
"The constitutional
right to medical care in prison grew over the decade of
the late sixties early seventies in the context of the general
expansion of inmate's rights" (Dubler, 1978, p. 7).
"Constitutional
Rights Violation - US courts have declared that failure
to provide adequate health care to individuals confined
in Correctional Institutions is a violation under the Eighth
and the Fourteenth Amendments" (Duber, 1981; Isele,
1979; cited in Droes, 1994, p. 201).
"Nurses and other staff have to be accountable that
the same quality of nursing care is given to prisoners as
to other patients. But legal recourse when care is inadequate
may be difficult for prisoners" (Cushing, 1986, p.
1333).
"A prisoner
may not be able to sue for lack of care based on a simple
medical malpractice claim of personal injury (tort). If
the corrections department has sovereign immunity from being
sued, the prisoner must claim violation of a constitutional
right, which generally requires a high standard of proof
that care was inadequate" (Cushing, 1986, p. 1333).
"The constitutional
provisions affecting prison health care include the first
amendment, that protects free speech, and the eight amendment
that protects against "cruel and unusual punishment".
It is the eight amendment which embodies the concepts of
dignity and decency, that requires prison authorities to
provide health care" (Cushing, 1986, p. 1333).
"The inmate
must be able to prove deliberate indifference or failure
to exercise sound medical malpractice not just mere inadvertent
failure to provide medical care" (Cushing, 1986, p.
1333).
"Right to
Refuse Treatment - A prisoner has the same right to refuse
lifesaving treatment as anyone else" (Cushing, 1986,
p. 1334).
"It is generally recognized that the impetus for changes
in health care delivery came from class action suits brought
by inmates who sought redress for the inadequate health
care which, they charged constituted a denial of their individual
rights. Inadequate health care is considered cruel and unusual
punishment, which is prohibited by the Bill of Rights"
(Chaisson, 1981, p. 737).
"The description
and substantiation of the 'rape trauma syndrome' (Burgess
& Holstrome, 1985) marked a decisive advancement of
a critical awareness of the destructive psychical and social
effect of victimization: Memories of the victimization reoccur
continually and traumatically". (Schneider, 2001).
Focus Points
Reference
American Nurses
Association. (1995). Scope & Standards of Nursing
Practice in Correctional Facilities. (Publication #
NP-104). Author: Washington, DC.
American Journal
of Nursing. (1975).The Dying Person's Bill of Rights. American
Journal of Nursing.
Anonymous. (1995).
Bringing closure. Nursing95, 25(8), 55-56. Retrieved
December 28, 2002, from Academic Search Premier database:
http://search.epnet.com/direct.asp?an=9509071533&db=aph
Canadian Nurses
Protection Society. CNPC (1993). Client's right to confidentiality.
Canadian Nurses Protection Society (CNPC), Ottawa, Ontario:
Author.
Carlisle, D.
(1998). Front line battle for human rights. Nursing Times,
94 (21), 40-41.
Cushing, M. (1986).
Who says prisoners have a right to health care? American
Journal of Nursing, 12, 1333-1334.
Dubler, N. N.(1979).
Depriving prisoner's of medical care: A "cruel and
unusual" punishment. Hastings Centre Report, 9(10),
7-10.
Furlong, C. &
Tempeman, J. (1993). When your patient is an inmate. NURSEweek
-California, 11, 10-11.
Courtenay, V.
(1998). The dead zone. Nursing Times, 94 (35), 17,
32-33.
Goll-McGee,
B. (1999). The role of the clinical care nurse in critical
care. Critical Care Nursing Quarterly, 22 (1), 8-18.
Reed, L &
Driscoll, J. (1998). Humans Rights. Nursing Times, 93
(50), 17.
Winfrey, M.
E. & Smith, A. R. (1999). The suspiciousness factor:
Critical care nursing and forensics. Critical Care Nursing
Quarterly, 22 (1), 1-7.
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C - Forensic Nursing > Section C.7.0. Forensic Issues > Unit.C.7.1.
Rights - Human/Dying/Offender/Victim/Patient
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