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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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Informed consent of the patient
Luksch, Alexandra ; Salač, Josef (advisor) ; Zvára, Michael (referee)
, IRUPHG FR VH RI KH S LH Abstract 7KLV WKHVLV GHDOV ZLWK L IRUPHG FR VH W IURP D OHJDO D G SUDFWLFDO SHUVSHFWLYH , IRUPHG FR VH W LV D OHJDO JURX G WKDW legitimizes the interference with the patient's personal rights ZKLFK FRPSOHWHV WKH SURFHVV RI FRPPX LFDWLR EHWZHH WKH KHDOWK FDUH SURYLGHU D G WKH SDWLH W 7KLV SDUW HUVKLS PRGHO EHJD WR GHYHORS L WKH V 3UHYLRXVO D SDWHU DOLVWLF PRGHO ZDV SUHIHUUHG 7KH OHJLVODWLR R L IRUPHG FR VH W LV SULPDULO FR WDL HG L WKH &R YH WLR R XPD 5LJKWV D G %LRPHGLFL H D G FW 1R R 6SHFLILF HDOWK 6HUYLFHV R zdravotních službách a podmínkách jejich poskytování). 7KH DLP RI WKLV WKHVLV ZDV WR D DO VH WKH OHJDO UHJXODWLR RI L IRUPHG FR VH W D G WR H[DPL H LWV DSSOLFDWLR L SUDFWLFH W WKH EHJL L J WKH WKHVLV GHDOV ZLWK WKH GHYHORSPH W RI WKH GRFWRU SDWLH W UHODWLR VKLS ZLWK D HPSKDVLV R L IRUPHG FR VH W D G WKH OHJDO SURYLVLR V WKDW UHJXODWH WKLV LVVXH 1H[W WKH WKHVLV H[DPL HV L IRUPHG FR VH W L PRUH GHWDLO GLVFXVVL J LWV OHJDO DWXUH L FOXGL J WKH VSHFLILF UHTXLUHPH WV IRU WKH HOHPH WV RI FR VH W /DVW EXW RW OHDVW WKH WKHVLV GLVFXVVHV WKH OHJDO UHJXODWLR RI L IRUPHG FR VH W L WKH 6FD GL DYLD FRX WULHV D G FR FOXGHV ZLWK D SUDFWLFDO SDUW ZKLFK D DO VHV WKH FXUUH W VWDWH RI SUDFWLFH D G SRL WV RXW WKH VKRUWFRPL JV RI WKH OHJDO UHJXODWLR D G ZKHUH SRVVLEOH GH OHJH IHUH GD FKD JHV DUH...
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Mašková, Daniela ; Šustek, Petr (advisor) ; Holčapek, Tomáš (referee)
The aim of this thesis is to present the basic aspects related to the refusal of health services by the patient. The thesis deals with the patient's refusal of health services in the context of currently proposed treatments in the present, but also with the refusal of health services in the future in the form of so-called previously expressed wishes. The thesis points out some of the pitfalls that may arise in the case of refusal of health services by the patient and also proposes ways of proceeding in such situations in order to protect the rights of the patient as much as possible, but at the same time not to expose the health service provider to civil or perhaps even criminal liability. Chapter 1 introduces the concept of informed consent and the conditions for giving informed consent. I also focus on the patient's capacity to give informed consent. The assessment and analysis of these criteria is similarly applicable to the valid and effective expression of informed consent. For this reason, informed consent and non-consent are very closely related issues. The second chapter is devoted to informed consent, defining the form of informed consent and presenting cases where the patient cannot validly give informed consent. In the third chapter, I discuss previously expressed wishes, both their...
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Sterilization of Roma women in Czechoslovakia in 60. to 80. years in social kontext
MEZEROVÁ, Kristýna
The Thesis definic Sterilization of Roma women in Czechoslovakia in 60. to 80. years in social kontext. The aim of this work is to chart the phenomenon of sterilisation of Romani woman in the 1960s to 1980s. The work will be a contribution to the debate on the non-obvious nature of human rights in totalitarian-run societies and may use in the future to compensate for analogon human rights abuses in other European countries or in other cultural circles. At the same time, it is a contribution to the discussion about the relationship of major companies of developed European countries with Roma or other ethnicities in general, which have difficulty adapting to the pressure of major society. At the same time, the work concerns medical ethics, the so-called biopower and medication of society, high-profile issues. To understand the issue, I outlined the evolution of eugenics and its effect on the sterilisation of Romani women. The work represents both medical and legal considerations. He also discusses the socialist society's attitude towards Roma. The work represents both medical and legal considerations. He also discusses the socialist society's attitude towards Roma. It discusses the consequences of limiting fertility on the women concerned from different aspects. This is research theoretical work, there is a historical method applied, especially analysis of literary sources. In particular, Czech-language but also English-language sources are used in the work. The work attempts to answer the following research questions: 1. What preceded the idea of limiting the fertility of Romani women? 2. Did eugenics affect the sterilization of Romani women? 3. How did socialist society feel about the influx of Roma? How did she consider the possibilities for their culture and fertility restrictions? 4. What were the consequences of limiting the fertility of Romani women in terms of social, psychological and physical?
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Attitudes of Czechia and Slovakia towards the forced sterilization of Roma women in comparative perspective
Slaninová, Lucie ; Klípa, Ondřej (advisor) ; Kolenovská, Daniela (referee)
The bachelor thesis is a comparative two-cases study that compares approaches of Czechia and Slovakia towards forced sterilizations of Roma women that was taking place on their territory during several decades. Sterilization is a medical intervention disabling a human reproduction. Sterilizations were set in the seventies in the former Czechoslovakia in accordance with an eugenics ideology of controlling public reproduction and influencing quality of the society. Ongoing differencies between major society and Roma people lasted for centuries in spite of many attempts to assimilate Roma people and that is the reason why Roma women were the target. However, controlling reproduction of population is violation of human rights. For this reason, both countries had to accept apropriate restrictions. The sterilization policy was ignored for a long time, although complaints and activities of victims started to appear at the beginning of this century. All the speaking victims together with many nongovernmental organizations tried to obtain a compensation for victims of this unlawful policy of forced sterilizations. Therefore, state authorities of both countries started to act. First of all, Slovakia started interrogation as a consequence of a report "Body and Soul" in 2003. A new act of health care providing...
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Informed Consent (Comparative Study)
Franta, Jakub ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Informed consent is one of the most discussed issues of medical law. This thesis tries to contribute to the discussion through a comparative study between Czech law and Canadian law (the common law part of Canadian law), focusing on the basic components of the subject matter. The thesis is divided into six parts. The first one deals with information disclosure and consent to treatment in the paternalistic model and the participatory model of a doctor-patient relationship. The second part provides an overview of relevant Czech and Canadian legal sources and also of key milestones in the development of informed consent in both countries. The third part of the thesis discusses the concept of informed consent. The fourth part is focused on the disclosure - its content and scope, form and other related aspects. The fifth part of the thesis deals with the consent itself - its elements, the withdrawal of consent and the refusal to give consent. Finally, the sixth part deals with the specifics of minors. With regard to the basic features of informed consent, it can be clearly stated that the compared legal systems are fundamentally the same. Differences can be seen only when analysing the subject matter into very great detail and those differences are usually various technicalities (e.g. determination of...
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Doctor - patient relationship
Šimečková, Irma ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
DOCTOR - PATIENT RELATIONSHIP RESUMÉ The topic of the doctor - patient relationship is so broad that this graduation thesis cannot cover nearly all of its aspects. The aim is to capture the most basic institutions of doctor - patient relationship in period just before the effectiveness of the reform of health services. Historical development of medical law in the Czech Republic is summarized in the very first chapter. The aim was mainly to express complicated role of post-communist countries in connection with their efforts to integrate into the modern system, which was then for the rest of Europe completely natural. The second chapter issues the basic elements controlling the relationship between doctor and patient, including the definition of the term lege artis, whose explanation is an essential part of every publication dealing with medical law. Chapter provides a comprehensive view of the institutes, which are largely discussed in subsequent chapters. The next three chapters deal with the issues of informed consent, duty of confidentiality of medical staff and management of medical documentation. Informed consent is the central institute of medical law and most important element of the relationship between doctor and patient. The topic of the consent of the patient with the health care is treated in...
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Circumstances of justification and medical practise
Strnad, Jan ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Responsibility of the doctor in criminal law and the circumstances under which it is possible to carry out medical procedures without the threat of legal punishment is a topic that has been, is and will be always up to date. It is a complex set of problems, which includes aspects of moral, medical and legal. In my thesis I focused on relationship between doctor's proffession and legal aspects of his work according to criminal law. Its goal is to describe the issue of the practice of medicine and circumstances of justification in terms of legislation in the Czech Republic. The thesis consists of three chapters. The first chapter provides an introduction to the problem and the reasons that led me to choose this topic work. The second chapter is devoted to criminal liability and is divided into two parts. The first contains the general conditions that are necessary for criminal liability of doctors. The second part contains the typical and most common possible crimes that may physician in the exercise of their profession commit. The third and most extensive chapter has focused on description of the circumstances of justification. The chapter is divided into four parts. Firstly it deals with self-defense and legitimate use of weapons that are not too common in the medical environment. Then I focus on...
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Patients'Recruitment Issues in Clinical Trials
Hrubá, Dagmar ; Doskočil, Ondřej (advisor) ; Štegmannová, Ingrid (referee)
This thesis examines patient recruitment in clinical trials. It is a current and pressing issue, which is not sufficiently embedded in the thinking of doctors and patients, their patterns of communication, and more broadly in the traditional doctor-patient relationship, which continues to be burdened by post-socialist paternalism. The formal framework and ethics have been developed relatively recently, and their application causes confusion to all participants regarding how to proceed in specific situations. In addition, the choice of topic, and especially the form of dealing with the topic, was motivated by the relative lack of academic resources and publications in the field. The theoretical section of the thesis defines clinical research and its phases, and introduces basic terminology and documents closely linked to clinical research. In addition, it focuses on research ethics, thoroughly examining the issue of informed consent - a fundamental document necessary for recruiting a patient in a clinical trial. Finally, one chapter of the thesis focuses on the issue of medical literacy, the level of which is integral to the participants' understanding of the importance of clinical research, and directly affects participants' decision-making. The empirical section is divided into two parts. The...
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Contract for health care under the Civil Code
Bláha, Pavel ; Salač, Josef (advisor) ; Šustek, Petr (referee)
1 Abstract Contract for health care under the Civil Code The subject of this thesis is a new type of contract, which was brought into Czech civil law by the Civil Code effective since 1 January 2014 - contract for health care. By including this special type of contract, the legislators practically agreed with a group of legal experts stating that health care is provided under contract, even before the new Civil Code became effective. This paper deals with the very conception of health care used in Czech legislation and with its comparison with the interpretation on this matter in legal codes, which were used by the authors of the provisions on contract for health care as inspiration. First part of this thesis discusses the legal regulation of health care in the Civil Code. With aim to provide a coherent point of view of this type of contract, this part briefly describes other possible conceptions of this legal institute. Besides the solutions, which provided a source of inspiration to Czech legislators, and those which are similar to the new Czech regulation, conceptions of health care used in other states of mainly continental Europe are mentioned. That is followed by introduction of interpretation of relation between provider of care and patient applied in the Czech Republic before the new Civil Code...
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