The Duty of States to Give Sufficient Recognition to the Right to Health  

作　　者：Alfred P.Minei Sam O.Kaipu 

机构地区：[1]University of Papua New Guinea(UPNG),Port Moresby,Papua New Guinea [2]National&Supreme Courts of Papua New Guinea,Port Moresby,Papua New Guinea

出　　处：《Psychology Research》2021年第10期429-440,共12页心理学研究：英文版

摘　　要：Modern human rights,as they have developed since World War II,have several characteristics that are imperative to how they are viewed.They are universal,indivisible,interdependent and interrelated.That is,they are held by all people by virtue of the fact that they are human,and apply to all people everywhere.Not all human rights are absolute.That is,some are considered“qualified rights”which may be subject to lawful interference.In the Papua New Guinea(PNG)context,interference will be lawful if it is prescribed by law consistent with the national Constitution and necessary to protect either the rights of others or for other considerations,such as national security,public order or public health.In the ending of life context,the weight that should be given to the consent to,and refusal of,treatment in circumstances where the decision will lead to the death of a patient is debated.This leads to another concern which is the way in which the prerequisites for a refusal of treatment(or valid consent)have been construed.The requirements of competence,voluntariness and information-giving arguably come under more intense scrutiny where the ramifications of the decision have such grave consequences.This paper considers consent as a reflection of the ethical principle of respect for personal autonomy that is often expressed in the law as the principle of self-determination.It also reviews the experiences of healthcare professionals who guide an informed consent process made by individuals,spouses,family members and advisors for the loved ones whose sickness,injury or geriatric age prevent them from having decision-making capacity.The last part summarizes the understanding of the nature of the procedure,benefits and risks which are important to informed consent and offers suggestions as to how the situation can be remedied.

关 键 词：CONSTITUTION human RIGHTS QUALIFIED RIGHTS right to die PNG 

分 类 号：H31[语言文字—英语]