11. Human rights framework for service delivery
It would be deceiving the peoples of the world to let them think that a legal provision was all that was required ... when in fact an entire social structure had to be transformed.
A rights-based approach, according to the Australian Human Rights Commission
Human rights-based approaches are about turning human rights from purely legal instruments into effective policies, practices, and practical realities.
Human rights principles and standards provide guidance about what should be done to achieve freedom and dignity for all. A human rights-based approach emphasises how human rights are achieved.
Specifically in Australia relating to healthcare rights, The Australian Charter of Healthcare Rights sets out what a person can expect when receiving health care.
Reference: Human rights based approaches | Australian Human Rights Commission, accessed 26/05/2024
The Charter states that a person, when receiving health care in Australia, has the right to:
- The right to access healthcare services and treatment that meets a person’s needs.
- The right to safe and high-quality health care that meets national standards.
- The right to be cared for in an environment that makes a person feel safe.
- The right for a person to be treated as an individual, and with dignity and respect.
- The right for a person to have their culture, identity, beliefs and choices recognised and respected.
- The right to ask questions and be involved in open and honest communication.
- The right to make decisions with a person’s healthcare provider, to the extent that they choose and are able to include the people that they want in planning and decision-making.
- The right to clear information about a person’s condition, the possible benefits and risks of different tests and treatments, so a person can give their informed consent.
- The right to receive information about services, waiting times and costs.
- The right to be given assistance, when a person needs it, to help them to understand and use health information.
- The right for a person to access their health information.
- The right for a person to be told if something has gone wrong during their health care, how it happened, how it may affect them and what is being done to make care safe.
- The right for a person to have their personal privacy respected.
- The right for a person to have information about them and their health kept secure and confidential.
- The right for a person to provide feedback or make a complaint without it affecting the way that they are treated.
- The right for a person to have their concerns addressed in a transparent and timely way.
- To right to for a person to share their experience and participate to improve the quality of care and doctors health services.
Source: Understanding My Healthcare Rights, Australian Human Rights Commission, accessed 04/11/2024
