Rights obligations and responsibilities in the context of HIV.
1995
In South Africa a human geneticist ponders how far the legal system can go to make sure that its citizens care for their fellow citizens. The government has accepted the responsibilities for education health care and housing by imposing taxes on its citizens to provide the money to fulfill these responsibilities. In the context of HIV there are many ethical issues to be considered. In South Africa the human rights of HIV/AIDS patients are being abused. The problem lies with the practical enforcement of the professional standards developed by the South African Medical and Dental Council. For example some clinicians refuse to treat patients after these clinicians have tested them without their consent and learned of their HIV seropositivity. Yet the standards state that no health worker may ethically refuse to treat any patient solely on the ground that the patient is HIV seropositive. The first HIV/AIDS-related ethical issue before the South African courts revolved around the right to confidentiality. Even though the courts and the constitution may be able to define the patients rights and also the rights of physicians and nurses it is more difficult to define and enforce their obligations and responsibilities. The physician-patient relationship embodies a covenant relationship and derives from the healing relationship. The physicians obligations begin in the vulnerability of the patient in his/her promise to help and in the great inequality of knowledge and power between the patient and the healer. This internal morality centers on beneficence in trust allegiance to promise keeping and the vanishing away of the physicians self interest. The HIV/AIDS patients obligations and responsibilities include an accurate and truthful history notification of ones HIV status and notification of ones intent to practice unsafe sex. Societys responsibilities are support and care by families care of AIDS orphans by the State or by charitable groups enforcement of patients rights by the courts and education and public awareness programs. In conclusion shared responsibilities are needed to make a real impact on HIV/AIDS-related problems.
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