Reimagining Patient Rights in a Digital and Divided World: A Multidimensional Legal Inquiry

  • Shree Meenaloshini. S and Thamizhselvi Karunanidhi
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  • Shree Meenaloshini. S

    Student at Chettinad School of Law, Chettinad Academy of Research and Education, Kelambakkam, India

  • Thamizhselvi Karunanidhi

    Student at Chettinad School of Law, Chettinad Academy of Research and Education, Kelambakkam, India

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Abstract

The protection of patient dignity and autonomy forms the cornerstone of a just healthcare system. In India, the recognition of patients’ rights has evolved from moral discourse to a constitutional and legal imperative. This paper presents a multidimensional study of patients’ rights through four core dimensions: ethical foundations, technological transformation, social equity, and legal enforcement. The first dimension traces the journey from compassion to codification, examining how moral and philosophical ideals rooted in Kantian respect for persons and bioethical principles of consent, beneficence, and non-maleficence—have shaped the jurisprudential understanding of patient dignity under Articles 14, 19, and 21 of the Indian Constitution. The second explores the emergence of the digital dignity paradigm, analysing how telemedicine, artificial intelligence, and electronic health data systems have redefined privacy, consent, and accountability. It highlights the regulatory challenges posed by digital health innovations in light of the Digital Personal Data Protection Act, 2023 and the GDPR framework. The third dimension addresses intersectional inequalities that continue to obstruct equal realization of patients’ rights among women, rural populations, Dalits, persons with disabilities, and LGBTQ+ individuals. It underscores how systemic discrimination erodes both dignity and access to care. The final dimension moves from rights to remedies, proposing enforceable models such as an independent Patient Rights Commission or Healthcare Ombudsman, drawing insights from the UK’s NHS Charter and WHO Patients’ Rights Framework. Through this integrated analysis, the paper argues that protecting patients’ rights requires an ethically grounded, technologically responsive, socially inclusive, and legally enforceable approach, where dignity is not only recognized in law but genuinely realized in practice.

Keywords

  • Patients’ rights
  • marginalized communities
  • Healthcare
  • Fundamental right
  • International human rights instruments
  • and national health policies

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 5, Page 2265 - 2281

DOI: https://doij.org/10.10000/IJLMH.1111000

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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Copyright © IJLMH 2021