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Healthcare Rationing in the Context of Covid-19 Pandemic
Kršiak, Miroslav ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Healthcare Rationing in the Context of Covid-19 Pandemic Abstract This thesis analyses process and means of rationalization of healthcare distribution in Czechia and the impact of covid-19 epidemic on domestic healthcare system and scarce resource allocation. First part of this thesis offers definition of right to healthcare from the constitutional and international legal point of view with the emphasis on obligations stated in the Charter of Fundamental Rights and Freedoms and international charters of human rights, which are binding for Czechia. Second part of this thesis concerns the concept of healthcare rationing, its definition and justification. This part also includes the summary of basic formative criteria of healthcare rationing, which are the imperative of equality and non-discrimination, and furthermore the principles of distributive justice and economic efficiency. This part also deals with the concept of rationing in healthcare in the context of the covid-19 epidemic and the modification of ethical and legal principles of its application during the state of medical emergency. Third part of this thesis offers an overview of the regulation of provision of health services in Czechia, both under normal circumstances and in a state of medical emergency. This overview also includes the so-called...
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Civil law aspects of health protection
Vopěnková, Zdenka ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The subject of this paper is the civil law aspects of health protection. The aim of the thesis is to analyse the relevant law concerning the topic and compare it to regulation suggested in the new civil code. Considering the breadth of the topic, the thesis does not deal with all aspects of this issue but just focuses on some of the most debatable questions. Not only the current law and related literature is considered, but a particular emphasis is also put on related case law. In some parts the paper also takes into consideration the fundamental masterpiece of European tort doctrine - Principles of European Tort Law (PETL). The thesis is composed of five chapters, each of them dealing with different aspects of the topic. Chapter One provides an outline of relevant Czech and international law. Chapter Two analyses the concept of right to health protection as a part of personality protection and deals with its object, content and subjects. Chapter three is devoted to the unlawful infringement of the right to health protection and its consequences. Chapter Four focuses on civil law responsibility for unlawful infringement and on the circumstances which are necessary for the responsibility for injury to health to arise and also on the subjects to this responsibilty. This chapter also includes problems...
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Civil law aspects of health protection
Vopěnková, Zdenka ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The subject of this paper is the civil law aspects of health protection. The aim of the thesis is to analyse the relevant law concerning the topic and compare it to regulation suggested in the new civil code. Considering the breadth of the topic, the thesis does not deal with all aspects of this issue but just focuses on some of the most debatable questions. Not only the current law and related literature is considered, but a particular emphasis is also put on related case law. In some parts the paper also takes into consideration the fundamental masterpiece of European tort doctrine - Principles of European Tort Law (PETL). The thesis is composed of five chapters, each of them dealing with different aspects of the topic. Chapter One provides an outline of relevant Czech and international law. Chapter Two analyses the concept of right to health protection as a part of personality protection and deals with its object, content and subjects. Chapter three is devoted to the unlawful infringement of the right to health protection and its consequences. Chapter Four focuses on civil law responsibility for unlawful infringement and on the circumstances which are necessary for the responsibility for injury to health to arise and also on the subjects to this responsibilty. This chapter also includes problems...
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