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The Israeli Patients' Rights Law: a discourse analysis of some main values.

Delphine Haiun¹

¹Behavioral Sciences Dept., Sackler Faculty of Medicine, Tel Aviv University. delphine@012.net.il

Korot (Jerusalem : 1952)

|December 13, 2006

Summary

Israeli medical ethics values are rooted in both Jewish and Western traditions. "Dignity" derives from Jewish scripture, while "privacy" stems from Western human rights discourse.

Area of Science:

Bioethics
Philosophy of Law
Medical Ethics

Background:

The Israeli Patients' Rights Law's philosophical underpinnings require examination.
Understanding the origins of medical ethics discourse is crucial for contemporary application.
A linguistic approach, inspired by Foucault, can reveal historical influences on legal values.

Observation:

The study analyzes the concepts of "dignity" (kavod) and "privacy" (pratiut) within the Israeli Patients' Rights Law.
It employs a semantic analysis to trace the historical and philosophical roots of these core ethical concepts.
The research differentiates between concepts linked to "human being" versus "human having."

Findings:

"Dignity" (kavod) is strongly linked to Jewish tradition, specifically the Bible, emphasizing a sacred human essence.

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"Privacy" (pratiut) shows a clear derivation from Western human rights discourse, associated with secular elaboration and external viewpoints.

The analysis distinguishes between the spiritual roots of dignity and the secular origins of privacy.

Implications:

This distinction informs the understanding of Israeli medical ethics, highlighting a dual heritage.
The findings can guide future legal and ethical interpretations concerning patient rights in Israel.
Recognizing the distinct origins of dignity and privacy allows for a more nuanced approach to bioethical dilemmas.