Are rights legally enforceable?

Some rights are legally enforceable, which means that laws exist to protect them. There are laws covering discrimination, medical treatment, the conduct of health professionals and the privacy of personal information.

These laws exist to ensure people have the right to safe and competent health care, the right to be free from unlawful discrimination, the right to refuse treatment, and the right to privacy. Health professionals and the health care system have a duty to follow these laws.

While some of the rights set out in the Australian Charter of Healthcare Rights may not be legally enforceable, they do reflect fair and reasonable expectations. For example, you may want a second opinion if you’re unsure about the treatment a doctor has recommended. This means seeing another specialist for their view about your diagnosis and treatment. It is fair and reasonable to expect that your doctor will refer you to another specialist and share your test results with that person.

Many doctors openly encourage second opinions and help their patients to obtain them. However, some doctors don’t, and there is no law that says they have to. Either way, you have a right to ask for a second opinion.

If your doctor is not helpful, you can find a second opinion in other ways. 

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