scholarly journals Informed Consent Position in Doctor and Patient Relationship

2021 ◽  
Vol 2 (1) ◽  
pp. 31-39
Author(s):  
Inensa Khoirul Harap

Awareness of risks may be interpreted as a patient's approval in the context of submitting the doctor's schedule with the necessary details for making an appointment or an informed refuse. Prior to signing the consent document, the agreement, the prospective student already confirmed that she understood the terms and conditions. to let the patient understand anything before doing it, and when making the judgment, the patient should make the most of any of an exhaustive information (informed decision). The kinds of studies found in this paper are what lawyers refer to as "normative" studies. The nature of this analysis is informative, and is research that outlines, discusses, illustrates, and analyzes legal rules pertaining to the role of consent in the doctor and patient's relationship. Patients are given the right to know regarding the medical activities, outlined in Regulation Minister of Health (Per) No. 290 on Approval of Medical Actions, prior to accessing treatment. As seen from the standpoint of the idea of unauthorized consent (considered given), the patient-doctor partnership becomes complicated. This issue revolves around the concept of informed consent, which is essentially an assumption that the patient has already agreed to carry out medical procedures with the doctor prior to seeking medical treatment.

Author(s):  
Viebach Julia

Principle 3 is concerned with the duty to preserve memory, which falls under the rubric of ‘the right to know’. This principle recognizes the role of collective memory in transitional processes, attests to a people’s right to know ‘the history of its oppression’ as part of its heritage, and calls upon the state’s duty to preserve archives and other evidence. This chapter first provides a historical background and an overview of the contemporary context in which Principle 3 is applied before outlining its normative framework, focusing on case law and truth commissions. It also analyzes the applications of the Principle in practice and argues that the duty to preserve memory has only implicitly been addressed under either symbolic reparations in truth-seeking processes or under satisfaction in jurisprudence. It contends that this approach over-simplifies the collective and societal level and neglects the dangers and complexity of memorialization in transitional contexts.


Author(s):  
E. M. Pavlenko

The article considers the formation of a culture of human rights as a guarantee of constitutional norm on the highest value of a person, his/ her rights and freedoms. Considerable attention is paid to the activities of the High Commissioner for Human Rights in the Russian Federation in this direction, including those directed to ensuring the right to know one's rights. A number of proposals for the Commissioner's further work in this area have been formulated.


Author(s):  
Nuzov Ilya ◽  
Freeman Mark

Principle 6 is concerned with the establishment and role of truth commissions, outlined in two paragraphs. The Principle recommends criteria that can be applied ‘to the greatest extent possible’. The first paragraph encompasses three different aspects of the issue: the preliminary ‘decision to establish a truth commission’, the subsequent creation of its ‘terms of reference’, and the related determination of its ‘composition’. In the second paragraph, the term ‘role’ refers to the functional end-goal that a commission is expected to serve: ‘securing recognition of such parts of the truth as were formerly denied’. After providing a historical and contextual background on Principle 6, this chapter discusses its theoretical framework and the ways in which the Principle is exercised in practice.


2005 ◽  
Vol 37 (3) ◽  
pp. 647-657 ◽  
Author(s):  
Matthew C. Rousu ◽  
Daniel C. Monchuk ◽  
Jason F. Shogren ◽  
Katherine M. Kosa

Environmental and consumer groups have called for mandatory labeling of genetically engineered (GE) food products in the United States, stating that consumers have the “right to know.” Herein, we use a nonhypothetical field experiment to examine the willingness to pay for GE-labeled products, using the only second-generation GE product currently on the U.S. market—GE cigarettes. Our results suggest consumers pay less for GE-labeled cigarettes when marketing information is absent. But, when presented with marketing information on the attributes of the cigarette, we find no evidence that consumers pay less for GE-labeled cigarettes.


Author(s):  
Varney Howard

Principle 11 guarantees adequate resources in support of a commission of inquiry so that it can comply with its legal mandate without compromising its independence and autonomy. A commission with autonomy means that it has control over its own finances and may make its own decisions in respect of the allocation of its resources. The issue of autonomy is inextricably linked to the independence of a commission. This chapter first provides a contextual and historical background on Principle 11 before discussing its theoretical framework, focusing on international law instruments governing the investigation of human rights violations that oblige state parties to adequately resource the responsible investigative agency. In particular, it considers the role of competent authorities, explicit duty, funding principles, and political will. It also examines how commissions of inquiry have been supported in practice and cautions against proceeding with commissions where adequate support is not guaranteed.


Author(s):  
Robinson Isabel ◽  
Varney Howard

Principle 12 deals with the advisory functions of truth commissions. The advisory function of truth commissions is one of the most concrete ways that they can achieve their goals of helping rebuild society and prevent further violence. Such function is an essential dimension of the forward-looking dimension of truth-telling and truth-seeking processes. In particular, it enables truth commissions to pay attention to the experiences and role of women in transitioning societies, as well as to intersect with others measures aimed at combating impunity, including reparations and criminal prosecutions. This chapter first provides a contextual and historical background on Principle 12 before discussing its theoretical framework and how the recommendations of truth commissions have been implemented. It also highlights some of the key challenges involved in the implementation of a commission’s recommendations, noting that the failure to implement recommendations is often the result of a lack of political will.


Author(s):  
Mark Elliott ◽  
Jason Varuhas

This chapter discusses ex post (after the event) and ex ante (before the event) inquiries. It begins by sketching two of the ex ante inquiry models that are encountered in the planning context. The first model involves an inquiry that takes place before the making of any decision whatever and the second involves inquiries that are taken in advance of any decision on the relevant matter being reached, as well as inquiries that are undertaken in the course of an appeal that is lodged against a decision. The chapter then considers the nature and purpose of ex ante inquiries and the right to know the opposing case, along with participation and procedure as they apply to inquiries. It goes on to examine ex post inquiries and the role of judges in holding such inquiries before concluding with an analysis of government accountability with respect to inquiries.


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