Saner H
Bull Schweiz Akad Med Wiss. 1980 Nov;36(4-6):235-47.
In his treatment of the patient, the doctor must be guided not simply by concern for the patient's biological existence but ultimately by concern for the dignity and integrity of his person. These qualities are founded in the patient's innate human freedom, which equally underlies his entitlement to life and to proper treatment without sacrifice of his right to self-determination, his inviolability and his human dignity. Self-determination presupposes the right to information and communication, and this in turn an obligation on the part of the doctor to talk in terms which the patient understands and to devote sufficient time to his needs. Respect for the inviolability of the patient's person implies not only his right to the security of confidentiality and discretion, but also his right, when receiving any form of treatment, to be acknowledged as a physiological, psychological and social entity with a concrete individuality. Human dignity, finally, implies the right of each individual to be the real "raison d'être" for any treatment to which he is subjected. Beyond this, a right to health can only exist in the negative sense of the right not to be made avoidably ill by the social order, and a right to sickness only in the restricted sense of not being put at a social disadvantage as the result of a medically diagnosed illness.
在治疗患者时,医生不能仅仅受对患者生物性生存的关切所引导,而最终应受对其人格尊严与完整性的关切所引导。这些品质基于患者与生俱来的人类自由,这同样是其生命权以及在不牺牲其自决权、不可侵犯性和人类尊严的情况下接受恰当治疗的权利的基础。自决权以知情权和沟通权为前提,而这反过来又要求医生有义务用患者能理解的语言交流,并为满足其需求投入足够的时间。尊重患者人格的不可侵犯性不仅意味着其享有保密和谨慎的安全权,还意味着其在接受任何形式治疗时,有权被视为具有具体个性的生理、心理和社会实体。最后,人类尊严意味着每个人都有权成为其接受的任何治疗的真正“存在理由”。除此之外,健康权仅能以消极的意义存在,即有权不被社会秩序不可避免地导致患病;而患病权仅在有限的意义上存在,即不因医学诊断的疾病而在社会上处于不利地位。