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Criminological aspects of euthanasia
Křížová, Tereza ; Sovová, Olga (advisor) ; Beranová, Andrea (referee)
Criminological aspects of euthanasia Abstract The subject of this thesis is the analysis of euthanasia in a criminological context. The thesis aims to present euthanasia in all its forms and to prove that despite the very different qualifications of these individual forms in the Czech criminal law, from the ethical and especially from the criminological point of view, these acts should not attract its attention if the defining features of euthanasia, such as the voluntary nature of this choice and full mental capacity for this decision, are observed. The thesis is divided into five chapters, with the first chapter defining the terms with which the thesis is concerned. The second chapter deals with euthanasia in the context of the Czech legal system. The third chapter introduces the theory of criminalization, which is then applied to euthanasia. The fourth chapter is devoted to the applicant for euthanasia and focuses on the reasons for the request to end one's own life; this consideration is made objective based on the quality-of-life theory. The final fifth chapter focuses on the euthanasia performer and the motivation for complying with the request despite the possible criminalization of such an act, even though it is often based on an imprecise distinction between acts and omissions or culpability. Key...
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Criminal aspects of assisted reproduction
Paták, Milan ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The concept of assisted reproduction is widely discussed by both professional and lay public. New scientific discoveries in the fields of biology and medicine as well as the use of methods and procedures that enable the emergence of new life raise number of issues, not only the legal ones. The purpose of this thesis is to provide the comprehensive survey of criminal law relationships which may arise in the context of providing the assisted reproduction. The thesis examines whether the current legislation guarantees sufficient protection of relations, interests and values covered by the Criminal Code. Within the analysis of crimes the thesis deals with the need for criminal repression and gives proposals de lege ferenda. The thesis is composed of five chapters. The first chapter is subdivided into two parts. Part One defines the concept of assisted reproduction, describes the historical overview of the events that preceded the current interpretation of the concept and explicates basic medical terminology related to the chosen topic. Part Two presents the basic principles on which the Czech regulation is established and contains specification of the relevant sources of law. The second chapter briefly characterizes the criminal and medical law and clarifies their relationship. The third chapter deals with the...
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Civil Law Aspects of Medical Research
Šolc, Martin ; Salač, Josef (advisor) ; Van Beersel Krejčíková, Helena (referee) ; Sovová, Olga (referee)
Civil Law Aspects of Medical Research Abstract Under Czech law, medical research on humans is divided into three branches: clinical evaluation of medicinal products, evaluation of medical devices, and evaluation of new procedures not yet introduced in clinical practice. While the first two mentioned types of research are regulated in great detail, the legal regulation of the evaluation of new procedures in the Act on Specific Health Services is significantly less extensive. In addition, new methods are still routinely introduced into clinical practice outside of the formalised evaluation regime according to the aforementioned law. As a result, both health care providers and individual physicians face legal uncertainty regarding potential liability for harm arising from the implementation of new methods. This work is focused on civil liability in the subject context. In the first part of the thesis, as a normative basis for the evaluation of the legal regulation and its interpretation possibilities, we define the aim of law as preservation and strengthening of social cohesion. The related fundamental values this thesis is based upon consist in the limitation of judicial power in questions of a political nature, as well as the principle of trust, according to which the legal regulation of medical research and...
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Assisted suicide in the context of Czech criminal law
Kotyzová, Vendula ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Assisted suicide in the context of Czech criminal law Abstract The topic of this diploma thesis is the issue of assisted suicide in the context of criminal law in the Czech Republic. Assisted suicide and euthanasia are not currently legal in the Czech Republic. For this reason, the work transcends the ethical level and many other levels, such as the historical, cultural and religious context. The work is divided into several chapters, which describe in detail the individual topics that relate to assisted murder and are related to it. The first chapter defines the terms assisted suicide as such, its legal aspects and historical development in the Czech Republic and in the world of free will, voluntary, unaccompanied, direct and indirect euthanasia, assisted dying, the doctrine of double effect and eubiosia. It also describes the historical development of suicide, from antiquity to modern history and development in the Czech Republic. Subsequently, the topic of assisted suicide is placed within the framework of valid Czech law. Due to the fact that assisted suicide is not currently legal in the Czech Republic, there are the mentioned legal regulations that are currently in force and which are related to the topic of assisted suicide. These include informed consent, negative reverse, medical law, and by-laws...
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The Human Organ Transplantation Act - moral and ethical problems of its application
Novotná, Kateřina ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
The Human Organ Transplantation Act - moral and ethical problems of its application This thesis deals with issues related to the applications of the Human Organ Transplantation Act. It is focused on the assessment of existing legislation regarding transplantation, the identification of problematical areas of transplantation law and the possibility of their correction. The thesis is divided into several parts. At the beginning it deals with the history and development of transplant medicine. It also contains a description of the current legislation and a brief summary of an international regulation. The main focus of the thesis is to analyze the deficiencies in Czech legislation and to emphasize the interdisciplinary nature of the transplant law. Finally, it analyzes the forthcoming amendment to The Human Organ Transplantation Act prepared by the Ministry of Health. The Human Organ Transplantation Act is a modern legislation respecting international commitments of the Czech Republic. Nature of the transplant legislation is given by its fundamental aspects the principle of presumed consent in connection with legally provided guarantee to respect disagreement expressed in accordance with law, the preference of a deceased donor prior to a living one, the principle of fairness in the allocation of...
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Topical issues of the confidentiality duty of medical personnel
Charvátová, Anna ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Povinná mlčenlivost, zejména ve zdravotnictví, ale obecně i v dalších regulovaných povoláních, je v poslední době, zvláště v souvislosti s některými trestními kauzami jak zdravotnických pracovníků, tak v oblasti advokacie či obecněji justice, velmi diskutována. Otázky povinné mlčenlivosti jsou o to složitější, že jsou spojeny nejen s rovinou právní, ale i etickou. Institut povinné mlčenlivosti slouží v našem právním řádu k ochraně celospolečenských i individuálních zájmů2 a zejména v souvislosti s profesemi, jejichž úkolem je poskytovat služby v oblastech, ve kterých se často seznamují i s tzv. citlivými údaji a informacemi, je nutno zabezpečit, aby tyto znalosti nemohly být zveřejněny. V zájmu svých klientů mají příslušníci profesních komor uložena zákonem omezení v možnosti použít získané informace.3 Povinná mlčenlivost je zdůrazňována rovněž ve stavovských předpisech a je jedním ze základů profesní etiky. Institut povinné mlčenlivosti je ve zdravotnictví pojednáván především jako právo pacienta na zachování důvěrnosti o jeho zdravotním stavu, což je jeho soukromou oblastí. Institut povinné mlčenlivosti rovněž chrání zdravotnické pracovníky před neopodstatněnými zásahy státní moci do výkonu jejich zdravotnického povolání. Formou takového zásahu může být i požadování informací nejen o zdravotním stavu...
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Euthanasie
Havlová, Kamila ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The aim of my Master's degree thesis is to unify the total view of the question of euthanasia and assisted suicide with an emphasis on the criminal law. I am not trying to concluded if legalise euthanasia by the Czech law or not, I just would like to outline the possibility of the legislation in the Czech law for the future, after providing the analysis of the countries where euthanasia has happened legal in the last few years. This thesis consists of the six chapters. At the beginning I am trying to give a detailed description of the substance of euthanasia and other related terms as assisted suicide, do not resuscitate and then I state usual forms and divisions of euthanasia. Then I deal with the history term in the world because for understanding and clarification this is necessary. The next chapter is already about euthanasia in Czech Republic, where this question has never been legalised but there were some efforts in some forms to do that. In this chapter I am concened with a legal qualification of killing on request and assisted suicide de lege lata and de lege ferenda. I also mention the opinions of the opponents and the protagonists of the question of euthanasia. The next chapter deals with a quality paliative care as one the arguments against euthanasia. It is impossible to omit the...
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The Duty of Confidentiality in Health Care (Section 99 of Czech Criminal Procedure Code and other provisions)
Pilcová, Kateřina ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The Duty of Confidentiality in Health Care (Section 99 of Czech Criminal Procedure Code and other provisions) The aim of the thesis is to introduce the issue of medical confidentiality in Czech Republic. Although most stress is put on the connection with criminal law, the work also explains what medical confidentiality is and outlines some disputable points in this field as well as it further on mentions international treaties, statutes and other sources where the duty of confidentiality is incorporated. The thesis then shows medical confidentiality in connection with the matter of medical records and afterwards focuses on the exceptions when duty of confidentiality can legally be broken and finally a chapter is given to describe the questions of lability for breaching the duty of cofidentiality in health care where criminal law consequences and disciplinary consequences are described. All the matters are discussed in the light of the Health Services Act (372/2011 Coll.) which came into force on April 1, 2012.
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The rights of patients
Kašparová, Anna ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Rights of the Patients (resume) The thesis Rights of the Patients does not provide a comprehensive survey of all rights the patients have under applicable legislation, thus, for reasons of complexity of the theme, the author focused only on the most important of them. Separate chapters are dedicated to individual rights, in order basically corresponding to importance the author attaches to particular ones. Each chapter comprises general lecture on the respective right, its regulation in international legal documents binding on the Czech Republic and in domestic legal documents. In footnotes, the author provides, for the purposes of comparison, regulation of particular institutes in foreign legislation. In the opening, the author defines the terms "health law" and "medical law" and provides overview of the most important international and domestic health-law regulations, supplemented with enumeration of their principles related to the area of providing medical care. With regard to currently discussed legislative proposals, which mean the long-awaited amendment to domestic medical law and, if approved, will bring many significant changes compared to the present state, the author included a separate section dedicated to these legislative proposals at the end of the first chapter. The second chapter discusses...
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The informed consent of a patient
Nováková, Kristýna ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
56 The Informed Consent of a Patient 9. Summary The informed consent of a patient is a fundamental principle of medical law and ethics. Nowadays it is natural that before treatment, the patient must give his consent. This concept of the patient's rights and the principles of their autonomy and self- determination was established during the second half of the 20 th century. During the first half of 20 th century, the relationship between doctor and patient was based on paternalistic grounds. This meant that the doctor was an authority who knew what was best for the patient. The patient was just the object of care; he trusted his doctor and did everything exactly as the doctor said. Doctors were authorities not only in the field of medical care but also in many other areas of the patient's life. There were no lawsuits or complaints against the doctors because of the treatment they provided. After WWII the situation changed when the international conventions of human rights were created. Patients started to decide if they wanted to be treated or not; they started to demand more information about their healthcare, and about the treatments they were receiving. They were no longer just the objects of care, but they now wanted to know what was going to be done with their bodies and to decide whether they wanted...
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