- About HHR
Nino Kiknadze and Leo Beletsky
Health and Human Rights 2013, 15/2
Background: After gaining independence following the dissolution of the Soviet Union, Georgia has aspired to become the region’s leader in progressive legal reform. Particularly in the realm of health care regulation, Georgia has proceeded with extensive legislative reforms intended to modernize its health care system, and bring it in line with international standards.
Objectives/Methods: As part of a larger project to improve human rights in patient care, we conducted a study designed to identify gaps in the current Georgian health care legislation. Using a cross-site research framework based on the European Charter of Patients’ Rights, an interdisciplinary working group oversaw a comprehensive review of human rights legislation pertinent to health care settings using various sources, such as black letter law, expert opinions, court cases, research papers, reports, and complaints.
Results: The study identified a number of serious inconsistencies, gaps, and conflicts in the definition and coverage of terms used in the national legislative canon pertinent to human rights in patient care. These include inconsistent definitions of key terms “informed consent” and “medical malpractice” across the legislative landscape. Imprecise and overly broad drafting of legislation has left concepts like patient confidentiality and implied consent wide open to abuse. The field of health care provider rights was entirely missing from existing Georgian legislation.
Discussion: To our knowledge, this is the first study of its kind in Georgia. Gaps and inconsistencies uncovered were categorized based on a short-, medium-, and long-term action framework. Results were presented to key decision makers in Georgian ministerial and legislative institutions. Several of the major recommendations are currently being considered for inclusion into future legal reform.
Papers in Press
How Drug Control Policy and Practice Undermine Access to Controlled Medicines
Naomi Burke-Shyne, Joanne Csete, Duncan Wilson, Edward Fox, Daniel Wolfe, and Jennifer J. K. Rasanathan
Drug Policies and Indigenous Peoples
Julian Burger and Mary Kapron
International Guidelines on Human Rights and Drug Control: A Tool for Securing Women’s Rights in Drug Control Policy
Rebecca Schleifer and Luciana Pol
Mechanisms of Accountability for the Realization of the Right to Health in China
Shengnan Qiu and Gillian MacNaughton
The Child’s Right to Protection From Drugs: Understanding History to Move Forward
The Case for International Guidelines on Human Rights and Drug Control
Rick Lines, Richard Elliott, Julie Hannah, Rebecca Schleifer, Tenu Avafia, and Damon Barrett
Letter to the Editor: Human Rights, TB, Legislation and Jurisprudence
O. B. K. Dingake
UNstoppable: How Advocates Persevered in the Fight for Justice for Haitian Cholera Victims