S.NO TIME OBJECTIVE CONTENT TEACHIN LEARNIN A.V.

AIDS EVALUATION
G G
ACTIVITY ACTIVITY

INTRODUCTION
The contribution of nursing to the alleviation of suffering and to
protection and promotion and restoration of health is a proud
chapter in the history. The image of any organization depends upon
the behavior of people who constitute it. So, there is great
obligation on the part of employees to behave in an ethical way at
the work place.
This is equally applicable to the nurses who are working in different
sectors of health care delivery system. The way nurses behave,
reflect the image of that organization. Today the nurses face a
variety of ethical problems than ever before.

MEANING
The word Ethics is derived from Greek word “Ethos” which means
customs or guiding beliefs (character).

DEFINITIONS
It can be viewed as a generic term for several ways of examining the
morale of life.
-BEAUCHAMP TL
Ethics is the study of good conduct, character and motives.
-POTTER

ETHICAL PRINCIPLES
Beauchamp and Childress (2009) developed four Ethical Principles

1. Respect for Autonomy

2. Beneficence
3. Non-maleficence
4. Justice
 1. RESPECT FOR AUTONOMY

 Autonomy can be defined as „” self-rule with no control,

undue influence or interference from other” (Griffith and
Tengnah, 2010:29).
 It is about respecting other people’s wishes and supporting
them in their decisions (Beauchamp and Childress, 2009).

2. BENEFICENCE

 This can be defined as “the principle of doing well and

providing care to others” (Berglund, 2007:12).
 Promotion of well-being (Edwards, 2009).
 As employees are we properly trained and competent to
carry out the tasks we are providing to our
children/families/clients/customers.

3. NON-MALEFICENCE

 “Obligation not to inflict harm on others” (Beauchamp and

Childress, 2009:149). Goes hand in hand with beneficence.
 However, do we sometimes cause short term harm for long
term good

4. JUSTICE
 Simply defined as “equal treatment of equal cases”
(Hendrick. 2004:7).
 Treating everyone the same.
 However, some people need to be treated differently if they
require special care over and above what other people may
need.
 Justice is about meeting everyone’s individual needs fairly.
 Rowson (2006) Ethical Framework F.A.I.R.

1. Fairness
2. Respect for Autonomy
3. Integrity
4. Seeking the most beneficial and least harmful
consequences, or Results.

1. FAIRNESS

 Linked to the idea of justice.

 Providing benefits- Social welfare, education, healthcare,
protection, opportunities
 Distributing burdens- Exclusions of benefits, allocation of
responsibilities.

2. RESPECT FOR AUTONOMYPROFESSIONAL SHOULD

 Not prevent people from carrying out decisions they make

for themselves about: - What they ought to do- What they
will do- What should be done to them- What should be
done with information about them
 Enable others to make autonomous decisions.

3. INTEGRITY

 Acting with professional integrity means that one’s actions

are the same as your professional values. For example,
maintaining confidentiality, working in some one’s best
interests. Simply put, it is when what you do matches what
you believe.
 Seeking the most beneficial and least harmful
consequences, or Results Two Aims.

 Producing as many benefits as possible.

 Avoiding causing, or preventing, as much harm as possible.
 Two more concepts which are not linked to either ethical
framework, but which are important are the ideas of
veracity & fidelity

4. VERACITY
 It is concerned with being open, honest and truthful with
people (Berglund, 2007)

 It is also the accurate transfer of information in a way that is

suitable for the individual to understand (Edwards, 2009).
 “This is not always an easy principle to maintain when you
are asked difficult questions, or your answer may be
distressing”

5. FIDELITY
Fidelity is about
 Being Faithful
 keeping promises
 always doing what is right
 being trust worthy
 Confidential
 Showing respect and dignity
 respecting autonomy
 Acting in their best interest.
INTERNATIONAL CODE OF NURSING ETHICS

THE ICN CODE OF ETHICS FOR NURSES

 An international code of ethics for nurses was first adopted

by the International Council of Nurses (ICN) in 1953. It has
been revised and reaffirmed at various times since, most
recently with this review and revision completed in 2005.

PREAMBLE
 Nurses have four fundamental responsibilities: to promote
health, to prevent illness, to restore health and to alleviate
suffering. The need for nursing is universal.
 Inherent in nursing is respect for human rights, including
cultural rights, the right to life and choice, to dignity and to
be treated with respect. Nursing care is respectful of and
unrestricted by considerations of age, color, creed, culture,
disability or illness, gender, sexual orientation, nationality,
politics, race or social status.
 Nurses render health services to the individual, the family
and the community and co-ordinate their services with
those of related groups.

THE ICN CODE

The ICN Code of Ethics for Nurses has four principal elements that
outline the standards of ethical conduct.
ELEMENTS OF THE CODE

1. NURSES AND PEOPLE

 The nurse’s primary professional responsibility is to people

requiring nursing care.
 In providing care, the nurse promotes an environment in
which the human rights, values, customs and spiritual
beliefs of the individual, family and community are
respected.
 The nurse ensures that the individual receives sufficient
information on which to base consent for care and related
treatment.
 The nurse holds in confidence personal information and
uses judgement in sharing this information.

2. NURSES AND PRACTICE

 The nurse carries personal responsibility and accountability

for nursing practice, and for maintaining competence by
continual learning.
 The nurse maintains a standard of personal health such that
the ability to provide care is not compromised.
 The nurse uses judgement regarding individual competence
when accepting and delegating responsibility.
 The nurse at all times maintains standards of personal
conduct which reflect well on the profession and enhance
public confidence. The nurse, in providing care, ensures that
use of technology and scientific advances are compatible
with the safety, dignity and rights of people
  The nurse shares with society the responsibility for initiating
and supporting action to meet the health and social needs
of the public, in particular those of vulnerable populations.
 The nurse also shares responsibility to sustain and protect
the natural environment from depletion, pollution,
degradation and destruction

3. NURSES AND THE PROFESSION

 The nurse assumes the major role in determining and

implementing acceptable standards of clinical nursing
practice, management, research and education.
 The nurse is active in developing a core of research- based
professional knowledge.
 The nurse, acting through the professional organization,
participates in creating and maintaining safe, equitable
social and economic working conditions in nursing.

4. NURSES AND CO-WORKERS

 The nurse sustains a co-operative relationship with co-

workers in nursing and other fields.
 The nurse takes appropriate action to safeguard individuals,
families and communities when their health is endangered
by a co- worker or any other person

5. NURSES AND SOCIETY

 Participate and share responsibility with other citizens &

other health professionals.
 Recognize and perform the duties of citizenship
 Aware of laws and regulations which affect the practice of
medicine and nursing.

INC CODE OF ETHICS FOR NURSES IN INDIA

 The nurse respects the uniqueness of individual in provision

of care
 Provides care for individuals without consideration of caste,
creed, religion, culture, ethnicity, gender, socio-economic
and political status, personal attributes, or any other
grounds
 The nurse respects the uniqueness of individual in provision
of care
 Individualizes the care considering the care considering the
beliefs, values and cultural sensitivity
 The nurse respects the uniqueness of individual in provision
of care
 Appreciates the place of the individual in family and
community and facilitates participation of significant others
in the care.
 The nurse respects the uniqueness of individual in provision
of care Develops and promotes trustful relationship with
individual(s). Recognizes uniqueness of response of
individuals to interventions and adapts accordingly.
 The nurse respects the uniqueness of individual in provision
of care Appreciates the place of the individual in family and
community and facilitates participation of significant others
in the care.
 The nurse respects the rights of individuals as partner in
care and helps in making informed choices


 Appreciates individual’s right to make decisions about their
care and therefore gives adequate and accurate information
for enabling them to make informed choices.
 The nurse respects the rights of individuals as partner in
care and helps in making informed choices
 Respects the decisions made by individual (s) regarding their
care. Protects public from misinformation and
misinterpretations. Advocates special provisions to protect
vulnerable individuals/groups.
 The nurse respects individual’s right to privacy, maintains
confidentiality, and shares information judiciously.
 Respects the individual’s right to privacy of their personal
information.
 Maintains confidentiality of privileged information except in
life threatening situations and uses discretion in sharing
information Nurse maintains competence in order to render
Quality Nursing Care
 Nursing care must be provided only by registered nurse.
 Nurse strives to maintain quality nursing care and upholds
the standards of care.
 Nurse values continuing education, initiates and utilizes all
opportunities for self-development.

 Nurse maintains competence in order to render Quality

Nursing Care
 Nurse values research as a means of development of nursing
profession and participates in nursing research adhering to
ethical principles.
 The nurse is obliged to practice within the framework of
ethical, professional and legal boundaries
 Adheres to code of ethics and code of professional conduct
for nurses in India developed by Indian Nursing council.
  Familiarizes with relevant laws and practices in accordance
with the law of the state.
 Nurse is obliged to work harmoniously with the members of
the health team.
 Appreciates the team efforts in rendering care.
 Cooperates, coordinates and collaborates with the members
of the health team to meet the needs of the people.
 Nurse commits to reciprocate the trust invested in nursing
profession by society
 Demonstrates personal etiquettes in all dealings.
 Demonstrates professional attributes in all dealings.

INC CODE OF PROFESSIONAL CONDUCT FOR NURSES

IN INDIA
1. PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY

 Appreciates sense of self-worth and nurtures it.

 Maintains standards of personal conduct reflecting credit
upon the profession.
 Carries out responsibilities within the framework of the
professional boundary
 Is accountable for maintaining practice standards set by
Indian Nursing Council
 Is accountable for own decisions and actions
 Is compassionate
 Is responsible for continuous improvement of current
practices Provides adequate information to individuals that
allows them informed
 Practices healthful behavior
2. NURSING PRACTICE
 Provides care in accordance with set standards of practice
 Treats all individuals and families with human dignity in
providing physical, psychological, emotional, social and
spiritual aspects of care
 Respects individual and families in the context of traditional
and cultural practices and discouraging harmful practices
 Presents realistic picture truthfully in all situations for
facilitating autonomous decision making by individuals and
families
 Promotes participation of individuals and significant others
in the care
 Ensures safe practice
 Consults, coordinates, collaborates and follows up
appropriately when individuals’ care needs exceed the
nurse’s competence.

3. COMMUNICATION AND INTERPERSONAL RELATIONSHIPS

 Establishes and maintains effective interpersonal
relationship with individuals, families and communities
 Upholds the dignity of team members and maintains
effective interpersonal relationship with them
 Appreciates and nurtures professional role of team
members Cooperates with other health professionals to
meet the needs of the individuals, families and community

4. VALUING HUMAN BEING

 Takes appropriate action to protect individuals from harmful
unethical practice
 Consider relevant facts while taking conscience decisions in
the best interest of individuals
  Encourage and support individuals in their right to speak for
themselves on issues affecting their health and welfare
 Respects and supports choices made by individual

5. MANAGEMENT
 Ensures appropriate allocation and utilization of available
resources Participates in supervision and education of
students and other formal care providers
 Uses judgment in relation to individual competence while
accepting and delegating responsibility
 Facilitates conducive work culture in order to achieve
institutional objective
 Communicates effectively following appropriate channels of
communication
 Participates in performance appraisal
 Participates in evaluation of nursing services
 Participates in policy decisions, following the principle of
equity and accessibility of services
 Works with individuals to identify their needs and sensitizes
policy makers and funding agencies for resource allocation.

6. PROFESSIONAL ADVANCEMENT
 Ensures the protection of the human rights while pursuing
the advancement of knowledge
 Contributes to the development
 Participates in determining and implementing quality care
 Takes responsibility for updating own knowledge and
competencies Contributes to the core of professional
knowledge by conducting and participating in research
TYPE OF ETHICAL THEORIES

DUTY-ORIENTED ETHICAL THEORIES

 A duty oriented ethical theory is a system of ethical thinking

having the concept of duty or obligation as foundation.
Duties are strict obligations that take primary over rights
and goals. Keep in mind however each duty has
corresponding rights. Duty- oriented theories are
advantages in homogeneous societies in which each person
holds the service values. A duty oriented theory would work
well in a tribal society because it is easier to share values
and therefore beliefs among a small group of people. A
disadvantage of a duty-oriented theory is determining how
to rank duties. For example, a nurse may be form between a
duty to support life and a duty to prevent suffering.

OTHERS

• Rights-Oriented Ethical theories

• Goal-oriented ethical theories
• Intuitionist ethical theory

ETHICAL DILEMMAS
 A dilemma is defined as a situation requiring a choice
between two equally desirable or undesirable alternatives.

Example-
• Too many patients but scarce resources (How to
provide proper care)
• Don’t resuscitate
• Euthanasia
 • Treatment of terminally ill patient like end stage
cancer, HIV etc
• Rights of psychiatry patient etc.

ROLES AND FUNCTIONS OF ADMINISTRATOR IN ETHICAL

ISSUES
 He or she is self-aware regarding own values and
basic beliefs about the rights, duties and goals of
human beings
 Accepts that some ambiguity and uncertainty be a
part of all ethical decision-making
 Accepts that negative outcomes occur in ethical
decision making despite high quality problem
solving and decision-making
 Demonstrates risk taking in ethical decision making
 Role model’s ethical decision-making which are
congruent with the code of ethics and inter
respective statements
 Actively advocates for clients, subordinates and the
profession
 Clearly communicates expected ethical standards of
behavior
 Uses a systematic approach to problem-solving or
decision making when faced with management
problems with ethical ramifications

DECISION MAKING PROCESS

 Ethical decision making is the application of processes and

theories of moral philosophy to a real situation.
 LEGAL ASPECTS IN NURSING

MEANING
The word law is derived from an Anglo-Saxon term meaning that
which is laid down or fixed.

DEFINITION
Law is a rule or a body of rules of conduct inherent in human nature
and essential to or binding upon human society and guide human
functions.

TYPES OF LAW
1. PUBLIC LAW
 Constitutional law
 Administrative law
 Criminal law
2. CIVIL LAW
 Tort law
 Contract law

IMPORTANCE OF LAW IN NURSING

 It protects the patients /clients against deliberate and

inadvertent injury by a nurse.
 It protects the nurses also against the suits if she renders
right care
LEGAL LIABILITY IN NURSING

1. UNINTENTIONAL TORTS:

 These types of torts are accidents that cause injury to

another person or property.

NEGLIGENCE:
 Nursing negligence usually means failure by the nurse to
take the appropriate action to protect the patient from
harm.
 E.g.: Burns, falls, medication errors, failure to observe, use
of defective equipment’s, loss of patient property, patient
mix up.
MALPRACTICE:
 Medical malpractice is an act or omission by a health care
provider which deviates from accepted standards of practice
in the medical community and which cause injury to the
patient.

ELEMENTS OF MALPRACTICE

 FOUR elements must be met to prove guilty of malpractice.

 DUTY- (relationship) nurse’s responsibility to provide care in
an acceptable manner.
 BREACH OF DUTY- failed to provide care in acceptable
manner. INJURY (DAMAGES)- nurses act caused harm.
 PROXIMATE CAUSE-reasonable cause and effect can be
shown between the omission or commission and the harm.
 Leaving foreign objects like sponge or forceps, inside a
patient during surgery.
  Failing to assess and observe patient as directed.
 Failing to report a change in a patient’s condition such as
vital signs, circulatory status and level of consciousness.
 Failure to select appropriate site by the nurse to administer
intramuscular injection that causes permanent damage to
patient’s extremity.
 Falling to obtain an informed consent.

2. INTENTIONAL TORTS:
 These types of torts are deliberate actions in which the
intent is cause injury to a person or property.
 ASSAULT: assault is an intentional, unlawful offer of bodily
injury to another by force.
 BATTERY is the intentional touching of, or application of
force to the body of another person.
 False Imprisonment
 criminal battery
 civil battery

3. QUASI INTENTIONAL TORTS:

 It is usually involving situations of communication and often
violates a person’s reputation, personal privacy or civil
rights.
 Defamation; It is the issuance of a false statement about
another person which causes that person to suffer harm.
 Fraud: Fraud is a crime or offence of deliberately deceiving
another in order to damage another to obtain property or
services and a civil law violation.
 Invasion of privacy
LEGAL ISSUES IN NURSING PRACTICE AREA
 Controlled substances One of the legal issues that might
arise for nurses involves the use of controlled substances.
The two acts that control the use of poisons in medicine is:
misuse of drug act 1971 and dangerous drug act 1965and
1967.the misuse of drug act aims at checking cause harm if
misused. Drugs affected by this act are referred as
controlled drugs. The common controlled drugs under the
dangerous drug act include cocaine, heroin,
methadone,morphine,opium,pethidine,hallucinogen etc.

 Patients property Many of the unconscious patients

admitted in emergency their belongings should be listed,
checked by two nurses and put in safe keeping. When the
patient dies in hospital, his possessions must be recorded in
the property book, but money and valuable should be listed
and packed separately. Also write the color of ornaments,
and inform to administrative officers. Preoperatively and
during delivery; these things should take care of.

 Caring patients with AIDs The care of AIDs and HIV patients
has legal implications for nurses. Confidential information
must be protected of HIV patients. An infected person
cannot be discriminated against based on contagiousness.
The courts have upheld the employer’s right to fire a nurse
who refused to care for an AIDS patient.

 Living wills and health care surrogates Living wills are

documents instructing physician to hold or withdraw Life
sustaining procedures whose death is imminent. Each state
providing living will need two witnesses, neither whom can
be a relative or doctor are needed when the client sign the
  documents, medical special directives also must be directive
also must be legally prepared with the appropriate witness
of the clients signature.

 Deaths and dying There are many legal issues regarding

definition of death. Even though the client may be legally in
brain dead, the actual pronouncement of death is usually
the legal responsibility of the physician, nurses must be
aware of legal definition of death.

 Autopsy and organ donation Legally competent persons are

free to donate their bodies or organs for medical use.
Consent forms are available for the purpose.

IMPORTANT LEGAL SAFEGUARD

 Licensure Nurse employed for the nursing service required

possessing a valid registration certificate issued by
respective state nursing council/India nursing council.
Registration aims to protecting patients by providing
qualified nurse.
 Standards of care Each institution / hospital need to have
the policies and procedures defining the standards of care
for the nurses of different levels. These are the legal
guidelines for safe nursing practice.
 Standing orders Nurses are required to execute prescribed
orders.in case of emergency or the doctor/medical
personnel is not available each nursing service area should
have standing instruction or orders for nurse to carry out.
 Informed consent It is a client’s agreement to allow
something to happen, such as surgery based on full
disclosure of the risks, benefits, alternatives and
 consequences of refusal.
 A patient may give his own consent if she/he has attained
the age of 18 years or is a minor who has attained the age of
16 years.
 Consent of a person of unsound mind, of person under
intoxication, and of a child below 14 years of age is also
excluded under this act.
 Correct identity All babies born in the hospital are correctly
labeled at birth and to ensure that no time they are placed
in the wrong cot or handed to the wrong mothers. All
person in the hospital should wear identity card.
 Documentation Keeping accurate and comprehensive
records are essential in any health care facility. Records
provide a legal and business documents. Regardless of the
format used to record the data should be accurate, concise
and up to date.
 Drug maintenance Checking the unlawful use of narcotic
drugs is liable to drug dependence. These drugs should be
kept under lock and key.

LEGAL RESPONSIBILITIES OF NURSES

1. AT ADMINISTRATIVE AND SUPERVISORY LEVEL

 Appointing and assigning the nurses
 Quality control
 Material management
 Proper documentation system
 Effective public relation
 Disaster management
 Staff management
2.AT OPERATIONAL LEVEL
Carrying out physician’s orders
 Verbal orders
 Do not resuscitate
 Alert for mishap
 Following 5 R’s of administering medications
 Maintaining safe environment
 Use of safe equipment's
 Maintenance of proper records
 Staffing

PATIENT CARE ISSUES

• Nursing shortage
• Health care reforms
• Low salaries
• Standard care

MANAGEMENT ISSUES
 Turnover
 Funding
 Workload
 Issues regarding malpractice in nursing management
 Issues of delegation and supervision
 Issues related to staffing
 Ethics
 Effect
 Issues in nursing curriculum development
 Collaboration issues

EMPLOYMENT ISSUES
 Issues related to nursing shortage
 Issues in nurse migration
  The right to work and right to practice
 Exploitation and discrimination
 Essential terms and conditions in an employment contract
 Misconduct and imposition of punishment
 Sexual harassment at the workplace
 Renewal of nursing registration
 Diploma vs degree in nursing for registration to practice
nursing
 Specialization in clinical area
 Nursing care standards

MEDICO-LEGAL CASE

DEFINITION
 Medico legal situation is defined as one where there is an
allegation, confession or suspicion of causes attributing to
body injury or danger to life.
- Modi NJ

EXAMPLES OF MEDICO-LEGAL CASES

 Road side accidents, factory accidents, unnatural mishaps

or any other disaster.
 Suspected or evident, suicides including attempted. All
types of poisoning cases, sexual offences and criminal
abortions.
 Burns injuries of any cause.
 Any suspected foul play, unnatural deaths, brought in dead,
found dead, unconscious patient without any proper
history.
 Injury case where there is likelihood of death in near future.
 Case referred by court or otherwise requiring.
LEGAL IMPLICATION IN MEDICO-LEGAL CASES (MLCs)
 Well defined guidelines should be available for each
department.
 Emergency outpatient departments should be equipped
adequately with the functional equipment's and vital drugs
to meet all types of emergencies.
 Medical, nursing and other staff, transportation facilities
should always be available at opd complex.
 The civil police should be informed both in writing as well as
on telephone.
 All clothing worn by injured /deceased, blood stains, gastric
lavage ,bullets, vomitus material etc. should preserved,
sealed properly and handed it over to police on application
after obtaining proper receipt.
 All x-rays of MLCs are of vital importance; utmost care
should be taken while handling them.
 All medico legal reports and registers shall be kept proper
safe custody.
 An up to date chart of the treatment and antidotes of all
types of poisoning cases should be available.
 Availability of working facility for patients and essential
investigation facilities should be ensured as and when
required and shall be guided for that.
 Due care with all the precautions should be given in blood
transfusion and intravenous fluid.
 Consent of a patient or of the nearest of kin mandatory
requirement before subjecting him for any operational
procedure.
 Ensure no foreign body is left inside the patient body after
operation.
 Utmost care is required in the management of newborn and
infants to avoid injury and baby mix in the nursery.

  A female patient always be examined in the presence of a
female attendant.
 Ensure continuity and correct dispensing of medicines to
right patient.
 Safety measures to prevent , anaphylactic shock, cardiac
arrest , proper identification of medical gases , radiation ,
fire, preventive maintenance of equipment's etc. and action
plan to combat the hazards of these occurrences should be
available.

CONSUMER PROTECTION ACT

CONSUMER
 All of us are consumers of goods and services.
 For the purpose of the consumer protection act, the word
consumer has been defined separately goods and services.
 For the purpose of goods ,a consumer means a person
belonging to the following :
 One who buys or agrees to buy any goods for a
consideration which has been paid or promised or partly
paid and partially promised or under any system of deferred
payment.
 It includes any user of such goods other than the person
who actually buys goods and such use is made with the
approval of the purchaser.
 For the purpose of services ,a consumer means a person ;
 One who hires or avails of any service or services for a
consideration which has been paid or promised or partly
paid or partly promised or under any system of deferred
payment.
 It includes any beneficiary of such services other than the
one who actually hires or avails of the services for
  consideration and such services are availed with the
approval of such person.

WHO CAN FILE A COMPLAINT?

 A consumer to whom goods are sold or delivered or agreed
to be sold or delivered or such services provided or agreed
to be provided.
 A voluntary consumer organization.
 The central government.
 The state government, union territory administration.
 One or more consumers where they are of same interest.
 In case of death of consumer, his or her legal heir of
representatives.
GROUNDS TO FILE A COMPLAINT
 Adoption of any unfair trade practice or restrictive trade
practice.
 The goods bought or agreed to be bought suffer from one or
more defects
 Services hired /availed or agreed to be hired/availed suffer
from any deficiency.
 The trader has charged for the goods or services a piece in
excess of the stipulated price.
 The goods or services being offered to the public are
hazardous to life and safety.

GRIEVANCE REDRESSAL MECHANISM UNDER CPA
 Rs 20 lakh –district consumer court
 20lakh-1 crore-state consumer commission
 Above 1 crore-national commission
CATEGORIES OF PATIENT AS CONSUMERS

PATIENT OF GOVERNMENT HOSPITALS

 Patients availing free medical care in general wards are not
consumers but patients availing medical care in private
wards of these hospitals are consumers as they are hiring
services for a consideration.

PATIENTS OF CHARITABLE HOSPITALS

 The patient of charitable hospitals is a consumer when he
pays for the medical treatment either partially or in full, but
he is not a consumer when he does not pay at all.

PATIENTS OF NURSING HOMES AND PRIVATE PRATIONERS

 Patient of nursing homes and private practitioners are
covered under the act because they satisfy the definition of
consumer and service as given under section 2(1)(d) and
2(1)(0).
 Hence as a consumer the services should have been
rendered to him, the services should have been hired by him
and for hiring the services, he should have paid a
consideration.

RIGHTS OF SPECIAL GROUPS: CHILDREN, WOMEN, AGED, HIV,

HANDICAPPED

 Rights are legal, social, or ethical principles of freedom or

entitlement; that is, rights are the fundamental normative
rules about what is allowed of people or owed to people,
according to some legal system, social convention, or ethical
theory. Special groups are those who need special attention
such as children, women, HIV, handicap and ageing. So to
  protect these groups the rights have been formulated by the
constitution.

RIGHTS OF CHILDREN
 In 1946, the Economic and Social Council of the United
Nations recommended that the Geneva Declaration be
reaffirmed as a sign of commitment to the cause of children.
 Child must be given the means needed for its normal
development, both materially and spiritually.
 Hungry child should be fed; sick child should be helped; and
the orphan and the homeless child should be sheltered and
secured.
 Child must be first to receive relief in times of distress.
 Child must be put in a position to earn a livelihood and must
be protected against every form of exploitation.
 Child must be brought up in the consciousness that its best
qualities are to be used in the service of its fellow men.
 Article 15: Shall not discriminate against any citizen, Nothing
in this article shall prevent the State from making special
provision for women and children.
 Article 21 A: Shall provide free and compulsory education to
all children of the age of six to fourteen years.
 Article 23: Traffic in human beings and beggar and other
similar forms of forced labor are prohibited.

MAJOR CONSTITUTIONAL PROVISIONS

 Article 24: No child below the age of fourteen years shall be
employed to work in any factory or mine or engaged in any
other hazardous employment.
 Article 39: (e) The tender age of children are not abused and
not forced by economic necessity to enter avocations
 unsuited to their age or strength;
 (f) That children are given opportunities and facilities to
develop in a healthy manner and in conditions of freedom
and dignity and that childhood protected against
exploitation and against moral and material abandonment.
Article 45: Provide early childhood care and education for all
children until they complete the age of six years.
 Article 51A: (k) Parent or guardian to provide opportunities
for education to his child or, as the case may be, ward
between the age of six and fourteen years.
 The Right of Children to Free and Compulsory Education Act
was enforced April 1, 2010.
 Pre-conception and pre-natal diagnostic Techniques
(prohibition of sex selection) Act 1994.
 Infant milk substitutes, feeding bottles and infant foods
(regulation of production, supply and distribution) Act,
1992.

ACT FOR CHILD WELFARE

 The juvenile justice (care and protection of children) Act,
2000.
 The child Labour (prohibition and Regulation) Act, 1986.
 The child Marriage restraint Act, 1929.
 Non-discrimination.
 Special protection, opportunities and facilities to develop
physically, mentally, morally, spiritually and socially in a
healthy and normal manner and in conditions of freedom
and dignity.
 The right to a name and nationality.
  The right to social security, adequate nutrition, housing,
recreation and medical services.
UN DECLARATION OF THE RIGHTS OF THE CHILD
 The differently-abled child to be given special treatment,
education and care.
 The need for love and understanding so that the child grows
in the care and responsibility of his/her parents, and in an
atmosphere of affection and moral and material security.
 Entitlement to education, which should be free and
compulsory, at least in the elementary stages.
 The child should be among the first to receive protection
and relief in all circumstances.
 Protection against all forms of neglect, cruelty and
exploitation, including that associated with employment.
 Protection from practices that may foster racial, religious
and other forms of discrimination.
 The Right to enjoy these rights, regardless of race, color, sex,
religion, national or social origin.
 Right to develop in an atmosphere of affection and security
and protection against all forms of neglect, cruelty,
exploitation and traffic.
 Right to enjoy the benefits of social security, including
nutrition, housing and medical care.
 Right to a name and nationality.
 Right to free education.
 Right to full opportunity for play and recreation.
 Right to special treatment, education and appropriate care,
if handicapped.
 Right to be among the first to receive protection and relief
in times of disaster.
 Right to learn to be useful member of society and to
develop in a healthy and normal manner and in conditions
of freedom and dignity.
  Right to be brought up in spirit of understanding, tolerance,
friendship among people, peace and universal brotherhood.
 Right to enjoy these rights, regardless of race, color, sex,
religion, national or social origin
 The status of women in India has been subject to many
great changes over the past few millennia. In modern India,
women have adorned high offices in India including that of
the President, Prime minister, Speaker of the Lok Sabha,
Leader of Opposition, etc.

RIGHTS OF WOMEN
 Gender equality
 Empowers the State to adopt measures of positive
discrimination in favor of women.
 Women’s advancement in different spheres

IMPORTANT CONSTITUTIONAL AND LEGAL PROVISIONS FOR

WOMEN IN INDIA
 The Constitution of India not only grants equality to women
but also empowers the State to adopt measures of positive
discrimination in favor of women.
 Fundamental Rights prohibits discrimination against any
citizen on grounds of religion, race, caste, sex or place of
birth, and guarantee equality of opportunity to all citizens in
matters relating to employment.

CONSTITUTIONAL PROVISIONS
 Equality for women (Article 14)
 The State not to discriminate against any citizen on grounds
only of religion, race, caste, sex, place of birth (Article 15)
 The State to make special provision in favor of women and
children (Article 15)
 Equality of opportunity for all citizens in matters relating to
employment or appointment to any office under the State
(Article 16)
 Constitutional Privileges
 The State to direct its policy towards securing for men and
women equally the right to an adequate means of
livelihood; and equal pay for equal work for both men and
women (Article 39)
 To promote justice, on a basis of equal opportunity and to
provide free legal aid by suitable legislation or scheme
(Article 39 )
 The State to make provision for securing just and humane
conditions of work and for maternity relief (Article 42)
 The State to promote with special care the educational and
economic interests of the weaker sections of the people and
to protect them from social injustice and all forms of
exploitation (Article 46)
 The State to raise the level of nutrition and the standard of
living of its people (Article 47)
 To promote harmony and the spirit of common brotherhood
amongst all the people of India and to renounce practices
derogatory to the dignity of women (Article 51)
 Not less than one-third of the total number of seats to be
filled by direct election in every Panchayat, Municipality to
be reserved for women (Article 243 )
 To uphold the Constitutional mandate, the State has
enacted various legislative measures intended to ensure
equal rights, to counter social discrimination and various
forms of violence and atrocities and to provide support
services especially to working women.
  Although women may be victims of any of the crimes such
as 'Murder', 'Robbery', 'Cheating' etc, the crimes, which are
directed specifically against women, are characterized as
'Crime against Women'.

LEGAL PROVISIONS
 Rape (Sec. 376 IPC)
 Kidnapping & Abduction for different purposes ( Sec. 363-
373)
 Homicide for Dowry, Dowry Deaths or their attempts (Sec.
302/304-B IPC)
 Torture, both mental and physical (Sec. 498-A IPC)
 Molestation (Sec. 354 IPC)
 Sexual Harassment (Sec. 509 IPC)
 Importation of girls (up to 21 years of age) The Crimes
Identified Under the Indian Penal Code (IPC)
 The Employees State Insurance Act, 1948
 The Plantation Labour Act, 1951
 The Family Courts Act, 1954
 The Special Marriage Act, 1954
 The Hindu Marriage Act, 1955
 The Hindu Succession Act, 1956 with amendment in 2005
 Immoral Traffic (Prevention) Act, 1956
 The Maternity Benefit Act, 1961 (Amended in 1995)
 Dowry Prohibition Act, 1961 The Crimes identified under the
Special Laws (SLL)
 The Medical Termination of Pregnancy Act, 1971
 The Contract Labour (Regulation and Abolition) Act, 1976
 The Equal Remuneration Act, 1976
 The Prohibition of Child Marriage Act, 2006
 The Criminal Law Act, 1983
 The Factories Act, 1986
 Indecent Representation of Women (Prohibition) Act, 1986
  Commission of Sati (Prevention) Act, 1987
 The Protection of Women from Domestic Violence Act, 2005
 The Employees State Insurance Act, 1948
 National Commission for Women
 Reservation for Women in Local Self - Government
 The National Plan of Action for the Girl Child (1991-2000)
 National Policy for the Empowerment of Women, 2001

SPECIAL INITIATIVES FOR WOMEN

RIGHTS OF HIV PATIENTS

 People with HIV infection/AIDS have same basic rights &

responsibilities like: Liberty, autonomy, security of the
person and freedom of movement.
 HIV testing RIGHTS OF HIV
 Confidentiality and privacy
 Health and support services, public benefits, medical
schemes and insurance.
 Education on HIV and AIDS.
 The responsibility of media.
 The right of safer sex 8. The right of prisoners
 Duties of persons with HIV or AIDS.
 Persons with disabilities face discrimination and barriers
that restrict them from participating in society on an equal
basis with others every day Disabled have however,
remained largely ‘invisible and unable to enjoy the full range
of human rights. In recent years, there has been a
revolutionary change in approach, globally, to close the
protection gap and ensure that persons with disabilities
 enjoy the same standards of equality, rights and dignity as
everyone else.

RIGHTS OF HANDICAP
 General legal provisions
 The disabled and the constitution
 Education Law for the Disabled
 Health Laws
 Family Laws
 Succession Laws for the Disabled
 Labour Laws for the Disabled
 The rights of the disabled
 Judicial procedures for the disabled
 Income Tax Concessions LEGAL RIGHTS OF THE DISABLED IN
INDIA
 The persons with disabilities (equal opportunities,
protection of rights and full participation) act, 1995
Prevention and early detection of disabilities Education
,Employment ,Affirmative Action, Non-Discrimination,
Research and Manpower Development Social Security
Grievance Redressal .
 The Mental Health Act, 1987
 The Rehabilitation Council of India Act, 1992.
 The national trust for welfare of persons with autism,
cerebral palsy, mental retardation and multiple disabilities
act, 1999
 The mentally retarded person has, to the maximum degree
of feasibility, the same rights as under human beings.
 The mentally retarded person has a right to proper medical
care Right of economic security
  Whenever possible, the mentally retarded person should
live with his own family or with his foster parents and
participate in different forms of community life.
 The family with which he lives should receive assistance.
 The mentally retarded person has a right to a qualified
guardian.
 The mentally retarded person has a right to get protection
from exploitation, abuse and a degrading treatment.
 Whenever mentally retarded persons are unable to exercise
their rights in a meaningful way or it should become
necessary to restrict or deny some or all of their rights
 The Bill replaces the Persons with Disabilities v Act, 1995.
Instead of seven disabilities specified in the Act, the Bill
covers 19 conditions.
 Persons with at least 40% of a disability are entitled to
certain benefits such as reservations in education and
employment, preference in government schemes, etc.
 The Bill confers several rights including disabled friendly
access to all public buildings, hospitals, modes of transport,
polling stations, etc. The Right of Persons with Disabilities
Bill, 2014
 In case of mentally ill persons, district courts may award two
types of guardianship: a limited guardian & plenary
guardian.
 Violation of any provision of the Act is punishable with
imprisonment up to six months, and/or fine of Rs 10,000.
Subsequent violations carry a higher penalty

RIGHTS OF AGED
 National Policy for Older Persons on January 13, 1999:
 Pension fund
 Construction of old age homes and day care centers for
every 3-4 districts
 Concessional rail/air fares for travel
 Enacting legislation for ensuring compulsory geriatric care in
all the public hospitals

 The Ministry of Justice and Empowerment has announced

regarding the setting up of a National Council for Older
Person, called age well Foundation. It will seek opinion of
aged on measures to make life easier for them.
 Attempts to sensitize school children to live and work with
the elderly. Setting up of a round the clock help line and
discouraging social ostracism of the older persons are being
taken up.
 The government policy encourages a prompt settlement of
pension, provident fund (PF), gratuity, etc. in order to save
the superannuated persons from any hardships

 The policy also accords high priority to their health care

needs. According to Sec.88-B, 88-D and 88-DDB of Income
Tax Act there are discount in tax for the elderly persons.
 Life Insurance Corporation of India (LIC) has also been
providing several scheme for the benefit of aged persons,
i.e.,Jeevan Dhara Yojana, Jeevan Akshay Yojana, Senior
Citizen Unit Yojana, Medical Insurance Yojana. qFormer
Prime Minister A.B.Bajpai was also launch ‘Annapurana
Yojana’ for the benefit of aged persons.
 It is proposed to allot 10 percent of the houses constructed
under government schemes for the urban and rural lower
income segments to the older persons on easy loan
CONCLUSION
 This seminar include legal and ethical system, issues ,types
of law, patient care issues, medico legal case, nursing
regulatory mechanisms, patient rights, consumer protection
act, rights of special groups ,infection control and standard
safety measures. Nurses have four fundamental
responsibilities: to promote health, to prevent illness, to
restore health and to alleviate suffering. The need for
nursing is universal. Inherent in nursing is respect for human
rights, including cultural rights, the right to life and choice,
to dignity and to be treated with respect. Nursing care is
respectful of and unrestricted by considerations of age,
color, creed, culture, disability or illness, gender, sexual
orientation, nationality, politics, race or social status.Nurses
render health services to the individual, the family and the
community and co-ordinate their services with those of
related groups.
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