"根据《预防和打击腐败法》解决强制报告的难题：对医疗专业人员的影响

Q3 Medicine

Indian journal of medical ethics Pub Date : 2024-01-12 DOI:10.20529/ijme.2024.003

Nanditta Batra

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引用次数: 0

摘要

为解决针对儿童的性犯罪报告不足的问题，2012 年《保护儿童免遭性犯罪法》（POCSO）规定必须报告此类犯罪。报告此类犯罪的义务已扩展至医疗保健专业人员。然而，将医疗保健专业人员纳入强制报告范围，破坏了以信任和保密为基础的医患关系的根本，与 2017 年《心理保健法》的患者保密保障相冲突。它还会带来意想不到的公共卫生后果，例如，由于害怕根据《预防和打击腐败法》被起诉，人们拒绝医疗终止妊娠。必须紧急重新评估这些针对医疗保健专业人员的强制性报告规范，并采取基于解决方案的方法，将报告性犯罪的社会利益与儿童的健康权相协调。

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"Navigating the conundrum of mandatory reporting under the POCSO Act: Implications for medical professionals"

To address the under reporting of sexual offences against children, the Protection of Children from Sexual Offences (POCSO) Act, 2012, makes reporting of such offences mandatory. The duty to report such offences has been extended to healthcare professionals. The inclusion of healthcare professionals within mandatory reporting, however, strikes at the very foundation of the doctor- patient relationship based on trust and confidentiality and conflicts with the patient confidentiality safeguards of the Mental Healthcare Act, 2017. It also has unintended public health consequences, such as denial of medical termination of pregnancy due to fear of prosecution under POCSO. An urgent reassessment of these mandatory reporting norms for healthcare professionals, and a solution-based approach that harmonises societal interest in the reporting of sexual crimes with the child’s right to health is essential.

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来源期刊

Indian journal of medical ethics Medicine-Medicine (all)

CiteScore

2.40

自引率

0.00%

发文量

期刊介绍： The Indian Journal of Medical Ethics (formerly Issues in Medical Ethics) is a platform for discussion on health care ethics with special reference to the problems of developing countries like India. It hopes to involve all cadres of, and beneficiaries from, this system, and strengthen the hands of those with ethical values and concern for the under-privileged. The journal is owned and published by the Forum for Medical Ethics Society, a not-for-profit, voluntary organisation. The FMES was born out of an effort by a group of concerned doctors to focus attention on the need for ethical norms and practices in health care.