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Interference with bodily integrity
Kostková, Tereza ; Dvořák, Jan (advisor) ; Janoušková, Anežka (referee)
1 Interference with bodily integrity Abstract This master's thesis deals with the interference with bodily integrity of a person, focusing mainly on interference with bodily integrity in the provision of health services. The main aim of this thesis is to theoretically analyse the issue of interference with bodily integrity in the light of current Czech legislation and relevant conclusions of judicial practice of Czech and European courts. The sub-objective is then to explain the basic theoretical concepts, introduce sources of law in the field of interference with integrity and to provide a possible de lege ferenda solution to the practical problem of the defendant health care provider's burden of proof. The thesis is divided into six parts. The first part deals with human integrity and its protection in general. Specifically, it deals with the general aspects and general principles of the protection of the right to integrity. The second part identifies the basic theoretical concepts that will be used extensively in the context of the whole thesis, namely the notion of interference with integrity, the notion of the patient, the physician, and their relationship with each other. The third part introduces international, European and the Czech sources of legal regulation in the field of interference with...
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Interference with integrity of an individual
Podolská, Marie ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Physical and mental integrity of an individual represents one of the components of a human personality, which may be regarded as a personal sphere of everyone and which is protected by the law against any unauthorized interference. Legislation regarding the interference with the integrity of an individual is based on the principle of inviolability of a human being, according to which no one is entitled to interfere with the integrity of another individual without his consent, except as provided by law. The consent of the individual concerned is therefore the most fundamental circumstance excluding illegality of the interference. The aim of this diploma thesis is to analyse current legislation regarding the interference with the integrity of an individual, especially relevant provisions of the new civil code, and to point out its potential deficiencies or problematic aspects. It focuses on particular circumstances under which it is possible to interfere with the integrity of an individual, or which represent the reasons for such interference and therefore exclude its illegality. Even though the thesis aims to elaborate the topic from the point of view of civil law, with regard to the fact that most of the serious interferences with the integrity of an individual occur when health services are...
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