189. CCA Study Notes: Legislation, Moral Rights, and Legal Rights in Health Care

The Big Picture

Health care involves both ethical expectations and laws. Ethics guides decisions about what is right or wrong. Laws set rules about what people are allowed and not allowed to do.

Legislation means a body of laws that governs how people in a country behave. In Canadian health care, legislation helps protect safe and skillful care, privacy, and the rights of clients and health care providers.

Rights also come from different places. Some depend on fairness and ethical principles. Others receive formal protection through law.

Look for Nova Scotia CCA Notes throughout this page for current provincial guidance.

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Course Notes: Key Ideas You Need to Know

What Legislation Means

Legislation is a body of laws that governs the behaviour of people living in a country.

Legislation differs from ethics. Ethics guides society when deciding what is right or wrong, and what is good or bad. Legislation sets legal limits on what society is allowed and not allowed to do.

Courts enforce legislation.

Why Legislation Matters in Health Care

In Canada, legislation helps make sure all health care clients receive safe and skillful care.

It also helps protect the privacy that all people deserve.

Legislation protects the rights of:

  • health care clients
  • health care providers

These protections come from laws enforced by the courts.

What a Right Means

A right is something to which a person is justly entitled.

Rights do not all come from the same source. Some depend on fairness or ethical principles. Others receive formal recognition through law.

The two types described here are:

  • moral rights
  • legal rights

Moral Rights

Moral rights come from a sense of fairness or ethics. Written laws do not create these rights.

For example, two classmates might agree to study together. Each person has a moral right to expect the other person to arrive and prepare to study.

Another example involves private information. When someone shares a personal matter with a friend, that person has a moral right to expect the friend to keep the information private.

These expectations rest on moral principles. People should honour commitments and keep secrets.

Legal Rights

Legal rights receive formal recognition through law. Rules and principles written into law support these rights, and society enforces them.

Examples of legal rights include rights related to:

  • voting
  • receiving medical care
  • owning property
  • receiving fair treatment when accused of a crime

Legal rights differ from moral rights because legal rights have formal legal recognition.

Laws Reflect Society’s Values

Laws reflect the values of the society that creates them.

In Canada, rights and freedoms help people live with equality and dignity.

Moral Rights and Legal Rights Side by Side

Moral RightsLegal Rights
Based on fairness or ethicsFormally recognized in law
Do not depend on written lawsBased on legal rules and principles
Rest on moral principlesEnforced by society
Include expectations such as honouring commitments and keeping secretsInclude rights such as voting, receiving medical care, owning property, and fair treatment when accused of a crime