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Basic rights of the patients
Fedrová, Michaela ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Resume in English The thesis Basic rights of the patients compares two systems of law, the Czech and the French one. This work introduces the resources of legal adjustments of the both law systems in the area of medical law. Later on it deals with the relation doctor - patient, the interpretation of which is absolutely different in both countries. France has been proud of its contractual relations since the thirties of the 20th century, while the Czech republic can be characterized with more of a paternalistic relation. The separate basic rights are arranged according to their importance in this thesis. The author introduces the international legal form, then the local variant, the French legal form being given the advantage. In the conclusion of some chapters the reader will find a short resume, evaluation of pluses and minuses and a short lay-out of the new legal modifications or inspiration for the lawmakers. First of all the right to life and the right to protection of human personality are being dealt with. These rights are the top values of the human society, that is why they are protected by the normatives of the top legal force. Within these rights the author renders especially the criminal responsibility of the medical staff, mainly in connection with taking an active part in euthanasia or suicide....
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Euthanasia (in terms of some European countries - comparison)
Matuchová, Helena ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
Résumé Euthanasia is and always will be a hot topic of very heated debate among both non specialists and experts. The purpose of my thesis is to provide the reader with information about euthanasia and a list of rules dealing with the issue of euthanasia in selected countries. The introduction outlines the problems of euthanasia. The second chapter is devoted to clarifying the content of the notion of euthanasia, which comes from the Greek word for the phrase, "eu" meaning good and "thanatos" meaning death, a "good death", sometimes we can also meet the looser translation of euthanasia as a beautiful death. The content of the notion of euthanasia in the course of history changed. Today we see euthanasia as an act which one person intentionally ends the life of another person's own request with the intent to end her suffering. In the chapter are identified and defined forms of euthanasia, especially active and passive. The third chapter deals with the European Union's attitude to euthanasia. No law of the European Union explicitly addressed the euthanasia. Health policy in principle falls within the competence of national governments. And every Member State has its own position on the issue of euthanasia. In this chapter, I mention the idea and recommendations of the Council of Europe, though it isn't the...
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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 ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
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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Transsexuality and legal aspects of the change of sex
Šoltísová, Eva ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
RESUMÉ Transsexualism and the Legal Aspects of Sex Change Transsexualism is a problem which most people consider to be sociological, psychological or medical. But transsexual people probably see on many occasions that it is also a problem of law. From the very first moment these people have to deal with a lot of inconveniences, such as disclosing their disorder to their families and friends as well as to their employers and officers, a lot of administrative problems, including changing their names, changing birth certificates and also problems such as using public restrooms during their "real-life test" or accomodation in a hospital or in a prison. In addition to that, as with every social minority, there is wide room for discrimination, hate crimes and in some countries even prosecution by the state. The sex reassignment can cause some other legal questions. Is there a right to a legal sex change for transsexual people? Can they marry after the sex change? Should they be able to adopt children? Should there be a right for a transsexual person to be registered as the father of a child who was born as a result of artificial insemination by donor? What happens with the birth certificate of a child when one of the parents changes sex? Lets look at this issue from another point of view. What are the conditions...
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Criminal liability of a doctor for withdrawal and withholding of a medical treatment
Peterková, Helena ; Císařová, Dagmar (advisor) ; Sváček, Jan (referee) ; Salač, Josef (referee)
The making of an end of life decision represents worldwide one of the most difficult issues that physicians can be confronted with - not only should it be regarded as consisting of medical and legal aspects, but ethics and moral values are present as well. Furthermore, it shall not be supposed that the economic parameter is negligible, unfortunately even to the contrary. The fact that the decision is often made by physicians under pressure caused by a system of limited resources (and therefore it can not avoid being distorted ) must be kept in mind. At any rate , according to Czech law under which neither assisted suicide nor life termination on the request is allowed, the legality and legitimacy of withdrawal and withholding of medical treatment is based on the argument of informed consent of the patient, advanced directives and the standard of lege artis treatment. These also shall be pleaded as defences in eventual criminal proceedings.
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Circumstances excluding liability and the practice of a medical doctor
Longin, Pavel ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
Circumstances excluding illegality (defences ) and the practice of a medical doctor Summary Circumstances excluding illegality (defences), relating to specific area of healthcare, I chose in particular because it is a range of issues and problems related to life and health, as a supreme values protected by law. By definition, therefore it is a legal relations that concern each of us. Each person sometimes come to a point where, because of illness, accident or prevention, must visit a hospital and in this moment necessarily enter into the medico-legal relations. The purpose of my thesis is to analyse significant legal institute of circumstances excluding illegality (defences), which can be applied to a specific area of legislation, dealing with health. Handling this important issue cannot be separated from other medico-legal institutions and issues purely legal or purely medical. As important so I thought to outline the basic problems of such institutions as the best standards of professional societies (known also as protocols, pathways, guidelines, practice parameters, policies and procedures, bundles or consensus statements) , issues of doctor - patient relation, the concept of lege artis, vitium artis, non lege artis, and in the last section I tried to outline the problems associated with providing health...
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Criminal aspects of advanced directives and Do Not Resuscitate orders
Pilařová, Martina ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Criminal aspects of advanced directives and Do Not Resuscitate orders Abstract The aim of this thesis was to analyse current legal regulation of advanced directives and Do Not Resuscitate orders, particularly of their criminal aspects. These legal concepts are relatively new in the Czech law, therefore there are still many questions about them and Czech law unfortunately does not offer definite answers. In the first chapters I focused on general criminal aspects of provision of health services. I analysed conditions of criminal liability in connection with health services, with emphasis on the principle of subsidiarity of criminal prosecution. In this part I also addressed the issue of mercy killing, by another name euthanasia and its differentiation from other types of end-of-life decision making. In the second chapter, I approached the matter of criminal liability of providers of health care services, as legal persons, which became after the last amendments in this area significant also for health care. The following chapters were dedicated to advanced directives. At first, I analysed this legal concept in the matter of civil law, which is essential for its comprehensive interpretation. I tried to identify the main ambiguities of the legal regulation, whether regarding new regulation of substitute...
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The concept and legal consequence of the excessive use of self-defence and necessity
Votočka, Jan ; Vokoun, Rudolf (advisor) ; Císařová, Dagmar (referee)
The Notion and Legal Consequences of the Transgression of Exceeding the Limits of Self-defense and Distress Diploma thesis called "The Notion and Legal Consequences of the Transgression of Exceeding the Limits of Self-defense and Distress" is based on Criminal Code, Act N. 40/2009 Coll., as applicable to 1 December, 2011. The thesis deals with legitimate self-defense and distress, as two circumstances excluding illegality, which belong to basic human rights, that everyone can by himself avert attack or danger threatening his interest protected by the Criminal Code. Thesis's insight of legitimate self-defense and distress is based on situations when person exceeds allowable bounds of legitimate self-defense and distress, and it's behavior becomes lawless and punishable. First part deals with circumstances excluding illegality as a term including legitimate self-defense and distress. Second part is based on actual characteristic and conditions of legitimate self-defense, together with specification of statutory legal limits of behavior in legitimate self-defense and distress. In following third part concepts of exceeding limits of legitimate self-defense and distress are analyzed in detail. There is a description how acting person can extravagate these limits. Nonobservance of time limits,...
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