TRC Final Report

Volume 5

Chapter 8

Subsection 26

The organised medical profession

87 The Commission recommends that:

THE STATUTORY COUNCILS GOVERNING THE HEALTH PROFESSIONS BE PROACTIVE IN PROMOTING HUMAN RIGHTS.

THE STATUTORY COUNCILS BE GIVEN A PROACTIVE CAPACITY TO INVESTIGATE UNETHICAL/UNPROFESSIONAL CONDUCT, WITHOUT HAVING TO DEPEND ON THE SUBMISSION OF A FORMAL COMPLAINT.

THE COMPOSITION OF THE COUNCILS REPRESENT SOCIETY IN TERMS OF GENDER, RACE ETC. AND THAT THE COUNCILS INCLUDE COMMUNITY REPRESENTATIVES AND MEMBERS OF OTHER PROFESSIONS. THIS WILL ENSURE THAT THE SYSTEM OF SELF-REGULATION, WHICH HAS FAILED SO OBVIOUSLY IN THE PAST, IS NOT PERPETUATED. THE APPOINTMENT OF COUNCIL MEMBERS SHOULD BE A TRANSPARENT PROCESS WHICH ENSURES THE POLITICAL INDEPENDENCE OF THE COUNCILS.

THE DISCIPLINARY “ARMS” OF THE COUNCILS BE BODIES WHOSE MEMBERS HAVE A CORE OF APPROPRIATE KNOWLEDGE AND EXPERIENCE; DISCIPLINARY MEASURES AND SANCTIONS BE IMPLEMENTED IN A CONSISTENT, FAIR MANNER; THE FULL COUNCILS HAVE THE POWER TO REVIEW OUTCOMES OF DISCIPLINARY ENQUIRIES AND THE SANCTION(S) IMPOSED.

POLITICAL AND FUNCTIONAL AUTONOMY AND INDEPENDENCE OF STATUTORY COUNCILS BE ENTRENCHED.

THE COUNCILS ENSURE THAT NO LEGISLATION OR POLICIES VIOLATE THE RIGHTS OR DIGNITY OF PATIENTS, CLIENTS OR HEALTH CARE PROFESSIONALS.

HEALTH CARE PROFESSIONALS WHO OPPOSE OR DRAW ATTENTION TO HUMAN RIGHTS ABUSES BE ACTIVELY SUPPORTED AND PROTECTED BY STATUTORY COUNCILS AND PROFESSIONAL ORGANISATIONS.

Checks and balances for state-run organisations

88 The Commission recommends that:

A BODY ON HEALTH AND HUMAN RIGHTS BE ESTABLISHED, CONSISTING OF HEALTH CARE PROFESSIONALS, HUMAN RIGHTS EXPERTS, CONSUMER REPRESENTATIVES AND LEGAL EXPERTS. THIS BODY COULD BE APPROPRIATELY LOCATED WITHIN THE HUMAN RIGHTS COMMISSION. IT SHOULD BE INDEPENDENT OF GOVERNMENT, PROFESSIONAL ORGANISATIONS AND STATUTORY COUNCILS, BUT WOULD OBVIOUSLY WORK IN CO-OPERATION WITH THESE.

THIS BODY BE RESPONSIBLE, AMONGST OTHER THINGS, FOR:

IMPLEMENTING HEALTH SECTOR-RELATED RECOMMENDATIONS ADOPTED BY PARLIAMENT AS A RESULT OF THIS COMMISSION’S REPORT;

MONITORING INSTITUTIONAL HEALTH CARE;

ADVISING ON CURRICULA IN HEALTH AND HUMAN RIGHTS EDUCATION;

RECEIVING AND DEALING WITH REPORTS AND COMPLAINTS ABOUT HUMAN RIGHTS ABUSES IN THE HEALTH PROFESSIONS;

CREATING THE POSITION OF AND OVERSEEING THE WORK OF A “MEDICAL PUBLIC PROTECTOR” OR OMBUDSPERSON;

IMPLEMENTING AN ENQUIRY INTO THE LEGAL, ETHICAL AND PROFESSIONAL POSITION OF HEALTH PERSONNEL IN THE MILITARY, AND DEVELOPING CLEAR GUIDELINES TO AVOID CONFLICT BETWEEN MILITARY LAW AND PROFESSIONAL ETHICS.

THIS BODY HAVE A MECHANISM TO ALLOW FOR ONGOING CONFIDENTIAL REPORTING OF HUMAN RIGHTS ABUSES BY HEALTH PROFESSIONALS.