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Rights of patients in the Czech Republic
Švadlenová, Šárka ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Résumé in English The rights of patients in the Czech Republic People often discuss about human rihgts. Rights of patients also pertain to human rights. The rights of patients are included in the branch of medical law. They occupy a significant place in man's life, becauce sometimes each of us will find in the position of a patient. The term patient is a cardinal term of medical law. This term is used frequently in adjudications or legal regulations, but we do not find its legal definition anywhere. The patient is a person who is sick or hurt and needs a medical treatment. The word patient originates in Latin as "pati" and it means to suffer or to endure something. This term incorporates also healthy persons who take a preventive medical examination. The relationship of a physician and a patient is a basic relationship in the health service. At first this unequal relationship was grounded in paternalistic conception. It meant that the doctor was an authority who knew what was the best for a patient. The patient was just the object of care. After the 2nd World War this conception changed when conventions of human rights were created. Nowadays the relationship between the physician and the patient is equal and partnership. The patient is participating in decision-making his treatment and no medical...
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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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Legal responsibility of a medical doctor
Hamran, Richard ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
LEGAL LIABILITY OF A DOCTOR The purpose of my thesis is to analyse briefly the issue of legal liability of a doctor for his professional duties. Stemming form relevant legislation, the doctor owes many duties and responsibilities and his failure to obey them properly could lead to various liabilities. The aim of the paper is not to consider in a detail all the questions concerning the liability of the doctor. On the contrary, I try to outline particular kinds of the doctor's liability in a systematic way and furthermore to scrutinize some partial issues relating thereto. The reason that led me to my research is the fact that the more human rights are recognized the more prudent and diligent the doctor must be while treating his patients. Legal approach towards medical treatment has changed over past few decades but is the society and especially affected professionals ready for this change? This thesis is divided into two parts having eight chapters altogether. Each of chapters deals with different aspects of the subject matter. The introductory chapter points out basics of the medical law and gives a brief look at the evolution of a legal approach towards the liability of the doctor during ages. The rest of the first part briefly characterizes common premises of the legal liability in general and...
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Death penalty
Pilát, Matěj ; Císařová, Dagmar (advisor) ; Novotný, Oto (referee)
Capital Punishment Abstract This paper is aimed at the capital punishment and its usage in modern society. The basic question examined is, whether death penalty can ever be justified as a tool to fight the most heinous crimes. In order to determine the answer this question, I am examining the capital punishment from the point of view of possible functions it can have and weighting it against inherent risks and harms created by it. The first chapter of this thesis is based on description. Firstly it shows the history of using the capital punishment in the area of Czech Republic; secondly I describe the usage around the world - mainly in USA, China and Middle East. Lastly I analyze international law concerned with capital punishment - namely International Covenant on Civil and Political rights and European Charter of Human rights, optional protocols to them and of course court decisions regarding these treaties. The second chapter is aimed at evaluating the possible benefits that using of capital punishment can have - especially when compared to life imprisonment. It is divided according to these functions, which are deterrence of potential criminals, protection of the society from sentenced criminals and the retribution for the crimes committed. In the end I find no clear benefit that executing of felons...
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Selected aspects of the legal relationship between a doctor, parents and a minor patient - criminal aspects
Smrčková, Zuzana ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The selected aspects of the legal relationship of doctor, parents and minor patient - the criminal aspects. (Abstract) This paper discusses various legal aspects of the relationship, which may arise between a minor patient, his parents and his doctor (or other appropriate health professional). The most important general rule holds good also in the Czech healthcare law. The general rule says that any interference with bodily integrity, and therefore each therapeutic medical intervention, can take place only with the consent of the patient. To be eligible to make such an agreement is a crucial legal capacity according to the arrangements of the Czech Civil Code. If someone is not eligible in this way about himself decide to grant consent to an intervention, it must be done by his legal guardian. In the case of minors it is usually intended by both parents. The most important regulation of the legal issues that arise in the care of the patient is found in Act No. 20/1966 Coll. Health Care. However from the perspective of the Convention on Human Rights and Biomedicine this regulation appears to be somewhat outdated and patients and physicians (as well as other medical staff) find the law like overly complex, unintelligible and therefore unsuitable for their use. Unfortunately this law should help and serve...
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Euthanasia and criminal law
Studenovský, Miloš ; Císařová, Dagmar (advisor) ; Vokoun, Rudolf (referee)
Euthanasia and criminal law If we wish to speak about euthanasia, it is necessary to say, what really mean this term. The noun "euthanasia" came from Greek language and it is composed from two Greek nouns, "eu" and "thanatos". The noun "eu" mean good and the noun "thanatos" mean dead. Euthanasia can be also translated as a good dead. View of euthanasia in the history was different. In antiquity people look at euthanasia otherwise than Christian society. About euthanasia spoke Nazis too, but the really term euthanasia is different from horrible Nazi policy. Nowadays is term euthanasia use for speaking about put to death patients in the finally stadium of their incurable illnesses. Euthanasia can be divided into three situations. Accordingly we speak about three kinds of euthanasia, passive euthanasia, active direct euthanasia and active indirect euthanasia. About passive euthanasia we speak in situations, when incurable ill patient refused medical help and owing to he died. Patient's dead come naturally without some assistance from the part of medical staff. In majority of states is passive euthanasia respected and it is practise in accordance with laws. As active indirect euthanasia is indicated situation, when patient died because of rise dose of medicaments. It is usual, that patients use some...
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Temporal applicability of criminal legislation and certain selected issues occurring in practice
Sýkora, Michal ; Šámal, Pavel (advisor) ; Císařová, Dagmar (referee)
1 Abstract The essay is taking through the current problems with the time applicability of the criminal (penal) law in the Czech republic, especially with the view of new Criminal Code no. 40/2009, which has taken place on 1st January 2010 (but the new Criminal Code was in progress for several years). The theoretical part of the essay is about the basic questions of the criminal (penal) law's time applicability, the sources of the law (both national and international) from the past and present, also the basic theoretical insights into the time applicability and finally its current adaptation in the Czech law system and the changes brought by the new Criminal Code. The most significant and serious change in the Criminal Code regarding to the time applicability is to be able to establish the exact time of the criminal act. The previous absence of this adjustment in the Criminal Code no. 140/1960 have caused disagreements between the theory and the judicature, whether the actual time of the criminal act is once the crime has been accomplished or when the criminal act hase been committed. The new Criminal Code have uniquely determined this to be once the criminal act has been committed which means no future disagreements with that issues. The practical part of the essay is describing and dealing with problems...
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