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This subject will be delivered online in 2020 over the scheduled dates.
This subject will address a range of human rights in the health law area, including bioethical origins of contemporary views of health rights; Article 12 of the International Covenant on Economic, Social and Cultural Rights and the role of the Special Rapporteur; rights to engage in health tourism; rights to life and death; rights to health information; rights to civil remedy and compensation for malpractice; rights to coronial investigation of deaths; rights to complain about registered practitioners; and public health law rights. Topical issues arising from the COVID-19 pandemic and the human rights issues posed by it will be incorporated into the subject.
Principal topics include:
- Bioethical and human rights to health
- Rights to health
- Rights to obtain health services overseas
- Rights to health information
- Rights to compensation for malpractice
- Rights to death
- Rights to death investigation
- Rights to complaint and notification.
Intended learning outcomes
A student who has successfully completed this subject will have:
- An advanced and integrated understanding of international and local human rights framework for provision of contemporary health services in Australia
- Been an engaged participant in debates concerning human rights issues in relation to provision of treatment and entitlement to treatment
- Awareness of law in relation to health privacy and critical incident review committee workings
- Appreciation of patients’ entitlements to specific forms of medication, including medicinal cannabis
- Awareness of entitlements and complexities in obtaining international health services
- A detailed understanding of distinctions in relation to human rights issues between life and death
- Understanding of the concept and repercussions of the body as property, in a variety of rights contexts including burial, cremation, organ donation and post-mortem reproduction
- Sophisticated understanding of the relevance to the law of human rights in relation to the turning off of life support and physician-assisted suicide and euthanasia
- Understanding of the law of no further resuscitation
- Awareness of the role of the coroner as a decision-maker in relation to rights to autopsy, exhumation; inquests and decision-making about causes of death
- Understanding of rights issues in coronial practices, findings, and recommendations
- Understanding of rights issues in wrongful life, wrongful birth and wrongful death actions
- An appreciation of rights issues in relation to the investigation and determination of complaints against registered and unregistered health practitioners.
Last updated: 29 January 2022