NATIONAL HUMAN RIGHTS
COMMISSION, INDIA
life with dignity, enshrined in the Constitution, must result into the strengthening of
measures to ensure that all people, and particularly those belonging to the economically
disadvantaged sections of the society, have access to better, affordable, accessible and
more comprehensive health care facilities. The given Chapter throws light on the work
on the right to health and mental health undertaken by the Commission during the year
2018-2019.
A.
Charter on Patient’s Rights
I.
The Core Advisory Group on Health of NHRC has prepared the ‘Charter of Patient’s Rights’ which
draws upon all relevant provisions, inspired by international charters and guided by national
level provisions, with the objective of consolidating these into a single document, thereby
making them publicly known in a coherent manner. The role of the Charter is to generate
widespread public awareness and educate citizens regarding what they should expect from
their governments and health care providers—about the kind of treatment they deserve as
patients and human beings, in health care settings.
II.
The Charter of Patients Rights is a pioneering document to ensure the protection and promotion
of Human rights of those who are among the most vulnerable sections of society – ordinary
patients and citizens seeking health care across India as it includes, Right to information, Right
to records and reports, Right to Emergency Medical Care, Right to informed consent, Right to
confidentiality, human dignity and privacy, Right to second opinion, Right to transparency in
rates, and care according to prescribed rates wherever relevant, Right to non-discrimination,
Right to safety and quality care according to standards, Right to choose alternative treatment
options if available, Right to choose source for obtaining medicines or tests, Right to proper
referral and transfer, which is free from perverse commercial influences, Right to protection for
patients involved in clinical trials, Right to protection of participants involved in biomedical and
health research, Right to take discharge of patient, or receive body of deceased from hospital,
Right to Patient Education and lastly Right to be heard and seek redressal.
III.
A proposal for ‘Charter of Patient’s Rights’ was placed before the full commission in its meeting
held on 9 March, 2018. The Commission directed that the Charter for Patients’ Rights be sent
to the Nodal Ministry and all the State Governments for seeking comments within three
months. Thereafter, the Ministry of Health and Family Welfare issued a notice stating that as per
recommendations of the National Council of Clinical Establishments, the said Ministry invited
comments/suggestions on the Draft of Charter of Patient’s Rights (prepared by the NHRC) after
making certain changes/additions to it. Meanwhile, the Commission also received responses
from various State Governments in respect of the Draft Charter of Patients’ Rights. Meaningful
suggestions were received from the State of Jharkhand. Among the other responses received,
States of ‘Meghalaya, Madhya Pradesh and Chhattisgarh, Puducherry, UT of Dadra and Nagar
Haveli’ have appreciated the draft Charter citing no comments on the same. The comments
received from the State Governments along with some small correction in the draft charter
88
ANNUAL REPORT 2018-19
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