Topic C - Forensic Nursing > Section C.7.0. Forensic Issues > Unit.C.7.1. Rights - Human/Dying/Offender/Victim/Patient
Readings
Required Readings | Recommended Readings | Forensic References | Resources Video | Resources (Web) | Forensic Websites

 

The required readings for this unit are:

Australia
Required Reading(s)

Insert article here

  • Note in this article
Canada
Required Reading(s)
Anonymous. (2001). A patients' bill of rights for Canada? Canadian Medical Association Journal, 165(7), 877. Retrieved December 28, 2002, from Academic Search Premier database: http://search.epnet.com/direct.asp?an=5262920&db=aph
  • Editorial. Comments on the expected passage of a patients' bill of rights in the United States, and how this might set a precedent for Canada. Features of the legislation which are being debated; Statement that the impetus for the bill was public dissatisfaction with health maintenance organizations (HMOs), but that it is a poor solution; Mention of the pillars of the Canada Health Act; Opinion that Canada does not need a patients' bill of rights.

 

International
Required Reading(s)
Anonymous (1998). Nurses say no to lethal injections. Journal of Nursing Management, 6(3), 183, 1/3p Retrieved December 29, 2002, from Academic Search Premier database:
http://search.epnet.com/direct.asp?an=5589801&db=aph
  • Reports the response of the International Council of Nurses (ICN) against death penalty. Reason behind the decision of the organization; Need for participation of nurses and health professionals in all countries; Overview of ICN.

 

United Kingdom
Required Reading(s)
Evans, T. (2002). A human right to health? Third World Quarterly, 23(2), 197-215. Retrieved December 28, 2002, from Academic Search Premier database:
http://search.epnet.com/direct.asp?an=6446358&db=aph
  • A right to health is one of a range of socioeconomic rights for which states accept an obligation under international law. However, the politics of rights has meant that socioeconomic rights are rarely given the same status as liberal freedoms associated with civil and political rights. This article discusses the liberal rationale for rejecting socioeconomic claims as rights and examines the basic rights challenge to liberal arguments. Given the dominance of liberalism, the article concludes with an examination of the potential for promoting a right to health within the context of globalization

Williams, B. (1999). The Victim's Charter: Citizens as consumers of Criminal Justice Services. Howard Journal of Criminal Justice, 38(4), 384-396. Retrieved December 28, 2002, from Academic Search Premier database: http://search.epnet.com/direct.asp?an=3254148&db=aph

  • The Citizen's Charter characterised citizenship primarily in terms of consumer rights, and in doing so failed to take account of the complexity of the issue. Further over-simplification occurred when this limited conception of citizenship was extended to victims of crime. The Victim's Charter attempts to define crime victims as consumers of criminal justice service, and in the process conceals some of the choices which are open to them and guides them away from collective action. The Charter has instead promoted the pursuit of managerialist objectives such as increased regulation of the criminal justice professions by their service users, for example by raising victims' expectations of services without negotiating this with service providers or providing the necessary resources. In the process, services to offenders have had to be cut, and central government has been able to dissociate itself from the consequences

 

United States
Required Reading(s)
Dundes Renteln, A. (2001). The rights of the dead: Autopsies and corpse mismanagement in multicultural societies. The South Atlantic Quarterly, 100(4), 1005-1028. Retrieved July 2, 2002, from ProQuest database.
  • In some cultures the dead have rights that the living are obligated to protect. To determine whether the courts have handled the cases appropriately, one must first come to terms with the question of whether the dead have rights

 

Databases
For the full text article online, sleuth the 'University of Calgary/ Library/ Article Indexes':

Directions:

  • Select - Indexes and abstracts with links to full text articles
  • Select - Academic Search Premier or Expanded Academic ASAP
  • Select - Connect
  • Fill in User ID and Pin
  • Fill in search words:
    • rights and human
    • rights and gay
    • rights and offender
    • rights and victim
    • rights and dying
    • rights and women
    • rights and civil
    • rights and

 

Top of Page

 

The 'recommended only' readings for this unit are the following:

Australia
Recommended Reading(s)

Insert article/book/chapter here

  • This reading notes
Canada
Recommended Reading(s)
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
  • Features the publications `Rights of Parents When a Baby Dies' and `Rights of the Baby,' both by the Perinatal Bereavement Team at Women's College, Toronto. Helping families connect with their dying or dead baby as a crucial step in the grief process.

 

International
Recommended Reading(s)

Amnesty International. (1996). Prescription for change: Health professionals and the exposure of human rights violations. London: AI.

  • Note the clear link that is made between human rights abuses and professional codes of ethics.

Amnesty International. (1979). Nurses and human rights. London: AI.

  • Note this early publication for nurses and human rights issues.

Amowitz, L. L., Reis, C., Lyons;, K. H., Vann, B., et al. (2002). Prevalence of war-related sexual violence and other human rights abuses among internally displaced persons in Sierra Leone JAMA, 287(4), 513-521. Retrieved July 30, 2002, from ProQuest database:

  • · Sierra Leone's decade-long conflict has cost tens of thousands of lives and all parties to the conflict have committed abuses. Amowitz et al assess the prevalence and impact of war-related sexual violence and other human rights abuses among internally displaced persons in Sierra Leone.

South Africa
Jewkes, R. (2002). Preventing sexual violence: A rights-based approach. The Lancet, 360(9339), 1092-1094.

  • Such difficulties are common to many countries, but sexual assault care in South Africa is undergoing radical changes. A government policy is being developed to make the health needs of victims a priority, including provision of antiretroviral drugs, and there are plans to train all current service providers in treating victims of sexual violence. The department of health is engaging in an active debate about whether care should be provided by nurses or doctors and whether the focus should be on meeting basic health needs at an accessible primary care level or on more specialised care in centres that see large numbers of cases. In this process, rape survivors are being asked what they value from services and, acknowledging difficulties of service provision in a developing country, what concessions they are prepared to make to achieve the best possible care.

The World Report on Violence and Health,1 released this week, contains a global overview of the epidemiology, causes, and health consequences of sexual violence, but the question remains, how can such violence be prevented? The level of certainty in answering is low, since this area of research has been substantially neglected. There has been some thorough ethnographic research on sexual violence causation, but few epidemiological data exist. Little research has been done on sexual violence prevention, and thus this area has no evidence base.

United Kingdom
Recommended Reading(s)

Carlisle, D. (1998). Front line battle for human rights. Nursing Times, 94 (21), 40-41.

  • Note it has been over 50 years ago that the Universal Declaration of Human Rights was signed- December 10, 1948.

Chamberlain, M. (2001). Human rights education for nursing students. Nursing Ethics, 8(3), 211- 222. Retrieved December 28, 2002, from Academic Search Premier database:
http://search.epnet.com/direct.asp?an=5003795&db=aph

  • This article is based largely on a research study undertaken by the author into the teaching of human rights in nursing courses in the UK on behalf of the national section of the human rights organization Amnesty International. It attempts to provide a baseline estimate of human rights education in nursing curricula in the UK while making suggestions on how the teaching of human rights issues could be more clearly incorporated into nursing curricula, ending with some recommendations for further research

Courtenay, V. (1998). The dead zone. Nursing Times, 94 (35), 32-33.

  • Note the need to consider the morality of practicing endotracheal intubation on the newly deceased.

Davidson, L. (2002). Human rights vs. public protection: English mental health law in crisis? International Journal of Law and Psychiatry, 25(5), 491-515.

  • This article will examine the background to the recent proposals and then consider mental health law in England and Wales in the context of the governmental reform.
  • However, such reform takes place in the advent of the incorporation of the European Convention on Human Rights and Fundamental Freedoms into English law by way of the Human Rights Act 1998. This inevitably heightens the tension between the right of the mentally disordered person to liberty and that of the general public to protection. Indeed, the HRA 1998 is already having an impact on mental health law. Thus, the second part of the article is devoted to a discussion of the extent to which the proposed changes in this area are likely to comply with the provisions of the ECHR.

Reed, L & Driscoll, J. (1998). Humans Rights. Nursing Times, 93 (50), 17.

  • Note the fundamental rights that matter in the field of health care, pointed out by the authors (Reed & Driscoll, 1998, p. 17).
United States
Recommended Reading(s)

Glendenning, A. (2002). Refusal of blood because of religious beliefs: A patient's right to die. Journal of Emergency Nursing, 28(3), 196-198.

Goll-McGee, B. (1999). The role of the clinical care nurse in critical care. Critical Care Nursing Quarterly, 22 (1), 8-18.

Groner, J. I. (2002). Lethal injection: A stain on the face of medicine. British Medical Journal, 325(7371), 1026-1028. Retrieved December 29, 2002, from Academic Search Premier database: http://search.epnet.com/direct.asp?an=7737577&db=aph

  • Discusses the controversial issue of physician involvement in capital punishment in the U.S. Description of lethal injection process; Outline of history and development of capital punishment; Opposition of the American Medical Association (AMA) and other medical organizations to physician involvement; AMA's rules against physician involvement; Comparison of physician involvement in the U.S. to that of Hitler's euthanasia program.

Herman, S., & Wasserman, C. (2001). A role for victims in offender reentry. Crime & Delinquency, 47(3), 428-445. Retrieved December 28, 2002, from Academic Search Premier database:
http://search.epnet.com/direct.asp?an=5044231&db=aph

  • The current scale of offender reentry creates unprecedented challenges for those, including victims, who have an interest in the successful reintegration of offenders into the community. Current problem-solving approaches emphasize the need for continuity between in-custody and postrelease programs and the importance of partnerships and collaborations in supervision and support for offenders. These developments offer increasing opportunities to victims and victims organizations because their experience and knowledge are often directly relevant to reentry issues. Increased victim involvement in the planning, management, and implementation of reentry policies and programs can contribute positively to better informed decisions and the achievement of reentry goals

Lenehan, G. P. (1999). Patients' Bill of Rights offers welcomed protection of patients, nurses, and emergency departments. Journal of Emergency Nursing, 25(1), 3-4.

  • The Democratic version, called the Patient's Bill of Rights (H.R. 3605 and S. 1890 in 1998's 105th Congress), included strong guarantees for both nurses and patients, eg, a provision that health plans would be required to pay for emergency services whenever a "prudent layperson" believed it was necessary to go to an emergency department.
  • Thus if a person had crushing chest pain radiating down his left arm and went to an emergency department, the health plan would have to pay for services on the basis of initial presentation, even if a myocardial infarction was eventually ruled out. This provision seems reasonable. In fact, it is difficult to see how emergency departments can survive if insurers can refuse to pay when ED resources are used. But as it now stands, many health plans can arbitrarily refuse to pay for services after someone has been seen in an emergency department for what a "prudent layperson" (or a "prudent ED staff") would, and should, consider an emergency.
  • The Democrats' Patients' Bill of Rights provides protection for nurses and other health care workers who express concerns about unsafe care or patient neglect, so-called "whistle-blowers," against retaliation such as being fired or harassed. No such provision is included in the Republican legislation, either in the House or Senate

Lippke, R. L. (1998). Arguing against inhumane and degrading punishment. Criminal Justice Ethics, 17(1), 29, 13-41. Retrieved December 28, 2002, from Academic Search Premier database: http://search.epnet.com/direct.asp?an=1341522&db=aph

  • Focuses on the issue of inhumane and degrading punishments. Discussion on the suggestion to weigh a prohibition on inhumane and degrading punishment against the attainment of other moral goods; Problems with accounts of the justification of punishment that rely on the notion that offenders forfeit the fight to equal concern and respect; Rights of offenders.


Mayor, S. (2001). President Bush outlines patients' bill of rights for US. British Medical Journal, 322(7289), 752. Retrieved December 28, 2002, from Academic Search Premier database: http://search.epnet.com/direct.asp?an=4264361&db=aph

  • Announces plans by United States President George W. Bush to introduce a patients' bill of rights. How the bill is expected to include five key elements, including how patients should have the right to emergency treatment in their nearest hospital emergency room; How a similar bill failed to become law during the administration of former President Bill Clinton due to disagreement over patient compensation; Inclusion of a detailed review process to curb the increased number of healthcare claims

US
Perkins, S. C. (1992). Guide to researching international human rights law. Case Western Reserve Journal of International Law, 24(2), 379-434. Retrieved December 28, 2002, from Academic Search Premier database:
http://search.epnet.com/direct.asp?an=9706131928&db=aph

  • Presents information which is intended to serve as an introduction to international human rights law research. Overview of the natural law and human rights; Highlight of the international human rights law; Adjudication of human rights issues; Information about the United Nations; Recommended periodicals for the researcher of international human rights law; Human rights symposia, collections and panels; Conclusion.


Reeves, K. (1997). Euthanasia, assisted suicide, and the right to die [Guest Editorial]. Journal of Emergency Nursing, 23(5), 393-394.

Schneider, H. J. (2001). Victimological developments in the world during the past three decades: A study of comparative victimology-Part 2. International Journal of Offender Therapy & Comparative Criminology, 45(5), 539-555. Retrieved December 28, 2002, from Academic Search Premier database: http://search.epnet.com/direct.asp?an=5341727&db=aph

  • During the past three decades, 10 international symposia on victimology have taken place in different parts of the world. This article presents in two parts a comprehensive overview of the discussion results of these symposia and of the most important literature contributions to criminological victimization research over the past three decades. In the first part of the report, the risk and causes of victimization are discussed. In this second part of the article, the deliberation of damage suffered by the victims-the negative psychical and social effects-is emphasized. Damage suffered by the indirect victim (covictim) is highlighted. The significance of the victim-offender sequence is mitigated to a certain extent. As far as recidivist victimization is concerned, the model of the victim career is developed. The constitutional and procedural legal rights of the victims and potential victims are elucidated


Whitney, S., & Mian, P. (1998). Life after death? Ethical questions raised after a request for postmortem sperm retrieval in the emergency department. Journal of Emergency Nursing, 24(6), 492-494.

 

Top of Page

 

 

Additional references for this unit can be found in 'forensic references' of the forensic sourcebooks.

  • Sleuth 'forensic reference' database for:
    • Forensic medicine
    • Nurse death investigator
Kent-Wilkinson, A. (2002). Forensic Sourcebooks: Forensic References.

Retrieved May 28, 2002, from the Forensic Education Website: http://www.forensiceducation.com/sourcebooks/experts/Experts_database.html/refs

 

Top of Page

 

 

 

Video's recommended for this unit are:

Resources (Video)

Insert video here

  • Note in this video

Top of Page

 

 

The required websites to sleuth for this unit are the following:


Australia
Resources (Web)

Insert website here

  • Note in this website
Canada
Resources (Web)

Department of Justice Canada (1982). Canadian Charter of Rights and Freedoms. Constitution Act, 1982 (79). Retrieved from http://canada.justice.gc.ca/Loireg/charte/const_en.html

  • Note the 1982 Canadian Charter of Rights and Freedoms.
International
Resources (Web)

Amnesty International (1999). Retrieved July 8, 2002 from the AI Website: http://www.web.amnesty.org

  • Amnesty International is a worldwide campaigning movement that works to promote all the human rights enshrined in the Universal Declaration of Human Rights and other international standards. In particular, Amnesty International campaigns to free all prisoners of conscience; ensure fair and prompt trials for political prisoners; abolish the death penalty, torture and other cruel treatment of prisoners; end political killings and "disappearances"; and oppose human rights abuses by opposition groups.

Amnesty International (1999). Universal Declaration of Human Rights. Retrieved July 8, 2002 from the AI Website: http://www.web.amnesty.org

  • Note the Link to Universal Declaration of Human Rights under About AI
  • Note the Universal Declaration of Human Rights was adopted and proclaimed by General Assembly Resolution 217 A (III) of 10 December 1948.

Court TV Online. (1999, March 4). Amnesty International report blasts sexual abuse of women in U.S. prisons. Associated Press. Retrieved June 11, 2002 from http://www.courttv.com/national/1999/0304/amnesty_ctv.htm

  • Note the forensic issues of power/authority violation with regard to sexual abuse and mistreatment.
United Kingdom
Resources (Web)

Insert website here

  • Note in this website
United States
Resources (Web)

American Nurses Association. (1995). ANA Website. Retrieved from http://www.nursingworld.org/

  • Note: The cite represents nation's 2.2 million U.S. registered nurses.

American Nurses Association. (1995). ANA Position Statements. Retrieved from ANA Website: http://nursingworld.org/search/vfp_search.cfm

  • Note the position statements that apply to human rights.

Emergency Nurses Association. (2000). The use of the newly deceased patient for procedural practice. ENA Position Statement (9/00). Retrieved from Emergency Nurses Association Website: http://www.ena.org/posistate/index.htm

  • Note the position statement on the use of the newly deceased patient for practice.

Emergency Nurses Association. (2000). Protection of human subjects' rights. ENA Position Statement (9/00). Retrieved from Emergency Nurses Association Website: http://www.ena.org/posistate/index.htm

  • Note the position statements with regards to human subjects' rights:

Top of Page

 

For additional websites on this unit, sleuth 'forensic websites' in the forensic sourcebooks.

  • Forensic medicine
  • Dying rights

Kent-Wilkinson, A. (2002). Forensic Sourcebooks: Forensic Websites.

Retrieved May 28, 2002, from the Forensic Education Website: http://www.forensiceducation.com/sourcebooks/experts/Experts_database.html/websites

Top of Page

 

Readings