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The Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine
Kratochvílová, Petra ; Sovová, Olga (referee) ; Císařová, Dagmar (advisor)
The Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine. Abstract The main purpose of my thesis is to analyse The Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine. Author's main focus is determined by the title of the thesis and she mainly concentrates on individual provisions of the Convention on Human Rights and Biomedicine and their incorporation in Czech law and order. The thesis is composed of introduction, three chapters and conclusion. Chapter one deals with medical law. It defines medical law and describes legal rules relating to health care. Chapter two generally describes The Convention on Human Rights and Biomedicine. It is subdivided into four sections dealing with reasons of creation and aims of this Convention, bioethics and medical experiments. Chapter Three is the most comprehensive. It contains fourteen parts. These subchapters describe particular provisions and chapters of the Convention and their regulation in Czech legal system. Conclusions are drawn in the last chapter. The main aim of the thesis was to analyse the Convention on Human Rights and Biomedicine and its benefit and influence on Czech legal system. Author recommends...
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The Aplication of DNR orders in clinical practise focused on the issue Non providing aid.
Peterková, Helena ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
The Application of DNR orders in clinical practise focused on the issue Non providing aid Do Not Resuscitate orders, as a special type of advanced directives, constitutes an impressive framework full of dilemmas, both between the patient's right to autonomy, self-determination and the physician's duty to provide proper medical care and between the patient's right to autonomy and physician's tendency to apply his/her professional medical opinion. As well this issue has not only the medical and the legal aspect but it possess ethical, sociological and even economical ones, indeed. Despite the fact there are some provisions on the regulation of advance directives at the moment available, neither the position of the patient nor the position of the doctor is actually solved. Furthermore, the legal state of advance directives forces the doctors in order to protect themselves to ignore on purpose the knowledge that there are some advance directives being made by the full competent patient. The consequences of not providing aid are rush ones, with a great possibility of imposing criminal liability for commission of one of the offences against person. On the other hand, the legal protection offered by the means of tort law of the autonomy and selfdetermination of the patient is quite weak, especially in comparison...
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Euthanasia and criminal law
Klementová, Šárka ; Sovová, Olga (referee) ; Císařová, Dagmar (advisor)
71 8. Summary- Euthanasia and criminal law Euthanasia is often regarded as a controversial topic that is being discussed all around the world. The legislative rules differ among the countries to various extent. The scope of this work is to offer a summary of legal regulations in euthanasia, particulary in the area of criminal law and a several examples of these regulations in Europe, USA and Australia. In the first chapter, the term of euthanasia is defined which is necessary for the purpose of this work. The term of euthanasia passed through evolution and has changed its meaning. The term of euthanasia is the word of greek origin ( eu- good, thanatos- death), which means wittingly shortening the battle with fatal disease or in other words good death. The second chapter characterized the basic forms of euthanasia. The basic forms of euthanasia are distinquished between active, passive, direct. indirect form of euthanasia. The third chaper is concentrated on legislative regulations in certain states in Europe, USA and Australia. This chapter has two subchapters. In the first one, the legal situation and regulation of euthanasia in criminal law is describe. The second one is concentrated on legal regulations in the countries where euthanasia is legalized or is practiced under certain circumstances. The fourth...
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The informed consent of a patient
Nováková, Kristýna ; Císařová, Dagmar (referee) ; Sovová, Olga (advisor)
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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The legal aspects of the termination of treatment of patients
Kops, Richard ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
Strana 63 z 64 End of Treatment Decision Making Legal Aspects (Summary) Thesis is focused on end of treatment decision making and its legal aspects. Author tries to explain some of the most important terms used in medical law conceptions in Czech Republic. inion. The first chapter is mostly about general definitions, such as what is medical law what im- pact it has in Czech legal system and how it is r procedure in this efore author tries to find such definition in decisions of the Highest Court of Czech Republic and literature. While thinking about this topic, it is necessary to keep in mind problems with pro- fessional guidelines. The second chapter continues with general definitions. But in this case, the whole chapter is only about one term, which is considered to be crucial. The explanation of treatment itself is necessary for defining the very moment of beginning and ending of treatment. Author uses civil law to find subjects and object of this legal relation and then tries to use them to demon- strate differences between treatment and other civil legal relations. The third chapter follows the moment of beginning of treatment. If we want to examine end of treatment decision making, we must know when it ends. And for its end we have to know when, how and why it begins. This chapter compares Czech legal...
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Mobility of patients within the European Union
Ratajová, Daniela ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
51 zdravotní pé e stala t žko nedosažitelnou. Autorka se však domnívá, že pokud lenské státy budou garantovat svým ob an m ur itý standard zdravotní pé e, tržní mechanismy na trhu se zdravotními službami by m ly za následek celkové zlepšení úrovn poskytovaných služeb v rámci EU.218 Ke zdravotnickým službám je tedy t eba p istupovat jako k jiným službám, tedy vytvo it áste n harmoniza ní právní úpravu a bránit omezování jejich volného pohybu uvnit Spole enství. Zárove je nezbytná intervence státu v podob garance ur itého standardu pé e, aby uplatn ní práva na poskytování zdravotní neza alo byt závislé výhradn na schopnosti zaplatit. Podle názoru autorky je t eba p ipustit možnost krátkodobého negativního dopadu Sm rnice na eský zdravotnický systém. A koli Sm rnice nezavádí nic nového, lze p edpokládat, že po jejím p ijetí se zvýší informovanost ob an , kte í tak budou více p eshrani ní pé e využívat. Podle l. 31 Listiny základních práv a svobod219 a podle § 11 zákona o pé i o zdraví lidu mají eští ob ané nárok na bezplatnou pé i v souladu se sou asnými dostupnými poznatky léka ské v dy, p i emž není možné si p iplatit za nadstandardní pé i, protože ta vlastn není. Takový požadavek samoz ejm není dlouhodob udržitelný. M že nastat situace, kdy by stále více osob, které jsou na ekacích listech, požadovalo...
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Contentious issues of self-defence in Czech case law
Kabát, Robert ; Císařová, Dagmar (referee) ; Vokoun, Rudolf (advisor)
84 SUMMARY Controversial Issues of Necessary Defense in the Judicial Practice The main purpose of the thesis is to analyze necessary defense in Czech criminal law. Author's main focus is determined by the title of the thesis and he mainly concentrates on judicial practice. Nevertheless, substantial part of the thesis comprises comparison with jurisprudence. Only theory deals with some issues, these ones are included too. If it's needed, the author compares neces- sary defense with similar legal institutes in legislation of foreign countries or briefly describes historical evolution of important issues. The thesis is compound of six chapters. Chapter One includes introduction, explains starting points and approaches. First content chapter is chapter Two. It defines basic terminology used in the thesis: circumstances excluding criminal liability (i.e. defenses or excuse de- fenses), circumstances excluding lawlessness (i.e. justification defenses) and necessary defense (i.e. self-defense and defense of person, property or other legal interest protected by criminal law). Chapter Three contains the core of the thesis. It examines basic elements of necessary defenses and problems typically connected with particular elements. According to usual structure of papers on necessary defense, the chapter is...
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