Provision Eight
Mary C. Silva PhD, RN, FAAN
Mary C. Silva, PhD, RN, FAAN, received her BSN and MS from the Ohio State University and her PhD from the University of Maryland. In addition, she undertook postdoctoral studies at Georgetown University. She has taught healthcare ethics at the master’s and doctoral levels and published extensively in the area of ethics, beginning in the 1970s. She is currently Professor Emerita at George Mason University in Fairfax, Virginia. Dr. Silva is also a Fellow in the American Academy of Nursing.
The nurse collaborates with other health professionals and the public in promoting community, national, and international efforts to meet health needs.
In the 16 years between the publication of the 1985 ANA Code for Nurses with Interpretive Statements and the publication of the 2001 ANA Code of Ethics for Nurses with Interpretive Statements, the world, its ethnicity, the healthcare system, the nursing profession, and the conceptualizations of ethics within nursing have changed mightily (Haidt et al, 2003; Manglitz, 2003). Advances in science and technology have increased globalization; cultural diversity in the United States and elsewhere has proliferated; new systems of care have altered how health care is delivered; nursing shortages have affected the profession; and approaches to ethics previously less visible (i.e., feminist, communitarian, and social ethics) have made their way into the nursing mainstream.
Although Provision 11 of the 1985 Code for Nurses and Provision 8 of the 2001 Code of Ethics sound similar, except for the addition of the word international, the interpretive statements of Provision 8 have changed substantially based on the factors noted above. Both interpretive statements mention nurses’ commitment to meeting health needs; however, the 2001 Code clearly specifies that the nurse’s commitment extends beyond specific individual patients’ needs:
The nurse has a responsibility to be aware not only of specific health needs of individual patients but also of broader health concerns such as world hunger, environmental pollution, lack of access to heath care, violation of human rights, and inequitable distribution of nursing and healthcare resources [italics added] (ANA, 2001; p. 23)
In addition, the 2001 Code also takes note of many of the causes of disease or trauma including “’barriers to health, such as poverty, homelessness, unsafe living conditions, abuse and violence, and lack of access to health services” [italics added] (p. 24). With the exception of access to health care, none of these barriers were specified in the 1985 interpretive statement for this provision.
The interpretive statements in this revision also address another important concept that was omitted in the 1985 Code: cultural diversity and the nurse’s responsibility to respond to it. According to Provision 8 of the 2001 Code:
The nurse also recognizes that health care is provided to culturally diverse populations in this country and in all parts of the world. In providing care, the nurse should avoid imposition of the nurse’s own cultural values upon others. The nurse should affirm human dignity and show respect for the values and practices associated with different cultures and use approaches to care that reflect awareness and sensitivity (ANA, 2001; p. 24).
Clearly the world has changed and nursing’ awareness of the moral dimensions of those changes is reflected in this revision of the Code.
Major Ethical Tenets Underlying Provision 8
The current literature contains many books and articles, both theoretical and applied, related to ethical tenets (Baily, 2003; Bodenheimer, 2003; Diekelmann, 2002; Veatch, 2003) and to the relationship between ethics and public health (Callahan and Jennings, 2002; Levin and Fleischman, 2002; Oberle and Tenove, 2000). Nurses, however, are most familiar and comfortable with ethical principles as set forth by Beauchamp and Childress (2001). In fact, the principle of respect for persons as well as the principles of autonomy, beneficence, nonmaleficence, justice, truth telling, promise keeping, and confidentiality formed the ethical bases for the 1985 Code. To these principles, nursing ethics are now concerned with other approaches, including a variety of critical social theories, such as critical (Frankfurt School), postcolonial, feminist, and communitarian social ethical theories, which are reflected in this revision of the Code.
Feminist Ethics
For many reasons, nurses have been reluctant to embrace feminism and its ethics. One reason may be a lack of self-awareness of the biases that are adopted by nurses from dominant culture or even the medical system itself. These are biases that may perpetuate social injustices rooted in gender, racial, or class distinctions. Another reason may be the negative stereotypes that extremists have unfortunately given to all forms of feminism.
Feminists (who may be women or men) are concerned about the barriers that close doors and, thus, systematically discriminate against or devalue women as a group. Many feminists are also concerned about systematic discrimination against men. Thus, the goal of feminism for many proponents is to examine the societal values and structures that cause oppression primarily to women, but also to men on the basis of gender, and to take constructive social action against them in order
to promote better relationships between women and men and contribute to a more just society.
to promote better relationships between women and men and contribute to a more just society.
The shift from feminism to feminist ethics is almost seamless. According to Volbrecht: “Feminist ethics strives for social transformation that will empower all people to live freer, fuller lives” (2002, p. 162). Obviously, the societal factors listed in the new interpretive statement, such as world hunger, cultural imposition, lack of access to health care, human rights violations, homelessness, poverty, and violence, do not empower “all people to live freer, fuller lives.” Each of the preceding factors represent ethical, feminist, and nursing concerns.
Feminist ethics also focuses on the belief that the voices of women should be heard and be given due weight in any theoretical formulations or practical application of ethics. Perhaps the best known work about these voices was penned by Carol Gilligan (1982). Gilligan wrote about a theme that women’s voices address, one of responsibility for and a connection to others sustained through caring relationships.
This so-called ethics of care has had a profound influence on ethical thinking in nursing. Nurse proponents view caring as the essence of the ethical ideal of nursing. Although most often applied to individual, family, and small group relationships, one also can apply the concept of caring to the social concerns expressed in Provision 8. Although most nurses would agree that caring about patients is important, some nurses would not consider caring the essence of nursing. The reasons for this include: (a) nursing is not the only profession that cares, and (b) caring is not viewed as an empowering concept by persons in powerful positions that influence healthcare priorities and practice.
Communitarianism
Until recently, individualism dominated ethics in most of the Western world, particularly in the United States. This individualism can be seen in the priority given the ethical principle of respect for autonomy and individual rights. However, within the past three decades, there has emerged a movement away from an excessive focus on what is good for the individual to a more balanced emphasis on what is good for the community as well. According to Beauchamp and Childress, communitarians believe that “everything fundamental in ethics derives from communal values, the common good, social goals, traditional practices, and cooperative virtues” (2001, p. 362). In other words, the good of the community—whether one’s local community or the world community—takes
precedence over the good of the individual, whether embodied by personal rights or individual autonomy. Some communitarians, however, take a more moderate stance in that they believe that the good of the community and personal rights and individual autonomy should both be considered to ensure checks and balances against the excesses of either. In keeping with the preceding stance, Provision 8, with its emphasis on “promoting community, national, and international efforts to meet health needs” (ANA, 2001; p. 23) takes note of individuals’ health needs, but emphasizes broader health needs that transcend individuals and affect the world community (e.g., hunger, poverty, violence).
precedence over the good of the individual, whether embodied by personal rights or individual autonomy. Some communitarians, however, take a more moderate stance in that they believe that the good of the community and personal rights and individual autonomy should both be considered to ensure checks and balances against the excesses of either. In keeping with the preceding stance, Provision 8, with its emphasis on “promoting community, national, and international efforts to meet health needs” (ANA, 2001; p. 23) takes note of individuals’ health needs, but emphasizes broader health needs that transcend individuals and affect the world community (e.g., hunger, poverty, violence).
Social Ethics
For many scholars, social ethics is grounded in the discipline of sociology. Here is what two medical sociologists have to say:
We believe that sociology provides the most direct answer to the question, “Why bioethics?” The critical, relativizing stance of sociology allows us to see bioethics in the sweep of history and the context of medicine [health care] and society. A sociological approach lifts bioethics out of its clinical setting, examining the way it defines and solves ethical problems, the modes of reasoning it employs, and its influence on medical [health care] practice. (DeVries and Subedi, 1998; p. xiii).
Whereas much of traditional bioethics has had a more narrow focus (e.g., on clinical ethical issues), social ethics focuses on the “social bases of morality” (DeVries and Subedi, 1998; p. xiv). It applies such concepts as race, culture, roles, norms, customs, class, social institutions, and power to the social construction of moral issues within “the economic, political, religious, and institutional forces of a given historical period” (Light and McGee, 1998; p. 9).
This broad view of moral issues is integral to Provision 8. Nurses cannot holistically understand the moral issues inherent in such global healthcare problems as hunger, poverty, and violence without a strong grasp of the social forces that contribute to these problems. Herein nurses have an advantage; they are educated to understand and apply socio-cultural and ethical concepts in their practice. Provision 9 emphasizes nursing’s role in social ethics through its professional associations.
In summary, in order for readers to better understand the ethical tenets underlying Provision 8, three interrelated perspectives were briefly discussed: feminist
ethics, communitarianism, and social ethics. What all three perspectives have in common is a focus on ethics that incorporates a larger societal picture of what constitutes morality.
ethics, communitarianism, and social ethics. What all three perspectives have in common is a focus on ethics that incorporates a larger societal picture of what constitutes morality.
Research on Ethical Issues Related to Provision 8
Public and global health nursing and the research conducted in these specialties are intrinsically related to this provision. Oberle and Tenove analyzed data from Canadian public health nurses, looking for ethical themes that could be found throughout their interviews. The five themes that emerged were as follows: (a) “relationships with health care professionals; (b) systems issues, such as staffing patterns; (c) character of relationships, such as knowing patients more broadly in smaller communities; (d) respect for persons, including being nonjudgmental; [and] (e) putting self at risk” (Oberle and Tenore, 2000; p. 428). The authors concluded by saying that there are many ethical concerns in public health nursing and that a systems approach supportive of ethical practice is necessary. The themes that they uncovered correlate well with several concepts in Provision 8: need “for interdisciplinary planning and collaborative partnerships among health professionals” (p. 23); “promoting health, welfare, and safety of all people” (p. 23); “support of and participation in community organizations and groups” (p. 24); and “health care is provided to culturally diverse populations” (ANA, 2001; p. 24).
The conclusions of this study support the research of Cooper and colleagues (2003). Theirs was an administrative ethics study conducted in the United States. The purpose of the study was to identify the ethical helps and challenges that managerial nurse leaders encounter in practice.
The three highest ranked ethical helps were: (a) “Your own personal moral values and standards” (p. 18), (b) “The fact that your immediate boss does not pressure you into compromising your ethical standards” (p. 18), and “An organizational environment/culture that does not encourage you to compromise your ethical values to achieve organizational goals” (p. 18). These ethical helps are based on the nurse’s management style and an organizational culture that values ethics. In such environments, nurses are free to commit themselves to Provision 8‘s goal of “promoting the health, welfare, and safety of all people” (ANA, 2001; p. 23).
The result ranked first for ethical challenges was “intense competition in the healthcare industry which forces owners, managers, and supervisors to focus on the bottom line and not on ethics” (Cooper et al., 2003; p. 20). Other challenges
(ranked 2 through 20) constituted less than 52% of the respondents’ replies. The effects of negative social values and structure related to ethics would make it difficult for tenets of Provision 8 to be implemented.
(ranked 2 through 20) constituted less than 52% of the respondents’ replies. The effects of negative social values and structure related to ethics would make it difficult for tenets of Provision 8 to be implemented.
Theory and Application Related to Public Health, Violence, and Ethics
Theory
According to Provision 8 “… the nurse supports initiatives to address barriers to health … such as… abuse and violence” (ANA, 2001; p. 24). Abuse and violence in health care have been addressed by many authors (e.g., Berman, 2003; Diekelmann, 2002; Lee and Saeed, 2001; Mercy et al, 2003; Volbrecht, 2002) and is viewed as a form of oppression. Oppression is the use of power in an unjust manner and is often a catalyst for violence. Violence is a type of oppression that is a threat to mental, physical, social, economic, or spiritual health. It can occur at the individual, family, community, or societal levels. Violence can be vertical, which means it can be perpetrated by groups among themselves. It is blind to gender, income, race, class, age, institutions, political viewpoints, or culture.
Violence is a health problem and, when focused on populations, a public or even global threat. According to Interpretive Statement 8.2, violence presents “existing threats to health and safety” (ANA, 2001; p. 24) of a community. Violence needs to be understood broadly. According to Diekelmann: “power, violence, and oppression accompany, although inadvertently, some of the ‘best practices’ of health care” (2002, p. xviii). For example, the emphasis on cure in health care that uses the best that science and technology have to offer may do profound physical, psychological, economic, and spiritual violence to those persons who cannot be cured. We call this “harming patients in the name of quality of life” (Fletcher et al., 2002; p. 3). The phrase also can be applied to nurses, communities, or cultures.