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KMID : 0986720160240010007
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Korean Journal of Medicine and Law
2016 Volume.24 No. 1 p.7 ~ p.31
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Legal Considerations for Improving Human Rights of Patients with Tuberculosis
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Lee Se-Gyung
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Abstract
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The first step for Tuberculosis Control is the medical understanding of Tuberculosis (the pathogenesis, epidemiology, and medical treatment), and the second is applying the concept of Human Rights to the control system.
Most of all countries and WHO know that the forced isolation of persons with infectious diseases can have the effect on the control of infectious diseases. But public health authorities must keep the procedure due process and respect Human Rights of the patients. In the plan for the eradication of Tuberculosis, it is critical for the nation to balance between the liberty of the infected and the health of the uninfected.
The Korean Congress amended TUBERCULOSIS PREVENTION ACT in 2014 on its 14th. The members seemed to believe that the cause of the high prevalence was the non-complianced activities of the patients, so they intensified the isolation of the patients with communicable Tuberculosis.
Even if laws enacted within the delegated scope of the Constitution, conflicts of interests between patients and population(liberty and health) give us many dilemmas. In this prospect, it is really regrettable that Korean TUBERCULOSIS PREVENTION ACT in 2014 on its 14th was amended in the direction for more violation to the fundamental right of patients, compelling the Articles.
In conclusion, TUBERCULOSIS PREVENTION ACT must be upgraded for the Human Right of patients with tuberculosis. Or, the Act must be abolished and then INFECTIOUS DISEASE CONTROL AND PREVENTION ACT will have to control Tuberculosis in the control system against the infectious diseases.
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KEYWORD
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health care, health care delivery system, patient safety, report system
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