Professional Rights

A small presentation on professional rights with examples from the profession of lawyers and physical therapists.

1. Professional Rights Prachi Singla (17) MBA HR – 4 th Semester

2. Meaning Professional rights refer to the specific privileges, protections, and entitlements that are granted to individuals who have specialized knowledge or expertise in a particular field or profession . The specific rights that professionals have can vary depending on their field and the laws and regulations that apply to them. These rights are designed to help ensure that professionals are able to perform their jobs effectively and without undue interference. They may include things like the ability to make independent decisions, access to confidential information, and protections against retaliation.

3. Key Principles Expertise: Professionals are expected to have a high level of knowledge, skill, and expertise in their field, and are often granted certain privileges as a result. For example, doctors may be granted the right to prescribe medication or perform surgery, while lawyers may be granted the right to provide legal advice or represent clients in court . Autonomy: Professionals are typically granted a high degree of autonomy and independence in their work. This means that they are able to make independent decisions based on their professional judgment, without undue interference or influence from others.

4. Key Principles Accountability: Professionals are also held to a high standard of accountability, both to their clients and to society at large. This may include things like maintaining confidentiality, adhering to ethical standards, and providing high-quality services. Professionalism: Professionals are expected to conduct themselves in a professional manner at all times, including being respectful and courteous to clients and colleagues, maintaining appropriate boundaries, and upholding the values and principles of their profession.

5. Employee Rights vs Professional Rights Employee rights, on the other hand, are the more general rights and protections that are afforded to all workers, regardless of their profession or level of expertise. These rights might include things like the right to a safe workplace, fair wages and benefits, and protections against discrimination or harassment.

6. Implementation of Professional Rights Model Rules of Professional Conduct, which have been adopted by the American Bar Association and provide guidance on ethical behavior for lawyers. These rules include principles like competence, confidentiality, and avoiding conflicts of interest.

7. Implementation of Professional Rights Professionalism in Physical Therapy: Core Values Self-Assessment Tool , which was developed by the American Physical Therapy Association. This tool is designed to help physical therapists assess their adherence to the core values of professionalism in their practice, and includes principles like accountability, altruism, and integrity.

8. Vishaka and Others v/s State of Rajasthan Vishaka and Others v. State of Rajasthan (1997), the Supreme Court of India held that sexual harassment is a violation of a woman's fundamental right to equality under Article 14 of the Constitution of India, and that it is the duty of employers to prevent and address such harassment in the workplace. The court also outlined a set of guidelines for preventing sexual harassment, which were later incorporated into the Sexual Harassment of Women at Workplace Act of 2013. These guidelines include the establishment of a complaints committee to receive and investigate complaints of sexual harassment, the creation of an environment in which women feel comfortable reporting harassment, and the provision of training and education on sexual harassment for all employees.

9. Vishaka and Others v/s State of Rajasthan The case is relevant to professional rights because it recognizes the importance of creating a safe and respectful workplace for all professionals, and emphasizes the duty of employers to protect the rights of their employees. It also highlights the need for professionals to be aware of their rights and to advocate for their own safety and well-being in the workplace.