Convention on Human Rights and Biomedicine - the basis for national regulation of the rights of the patient?
2013
Abstract
In the Czech Republic, Convention on Biomedicine is often considered to be a crucial legal instrument in the area of modern medical law. However, the purpose of the Convention originally was rather to harmonise the national legislations of all the parties to the treaty, and to off er – as a compromise – a minimal standard of legal protection of the patients, especially regarding their physical a psychical integrity.
On the examples of informed refusal of a treatment and previously expressed wishes it will be shown that in a specifi c context the new (so called reformatory) statutory provisions, enacted by the Czech legislator in 2011, do not fulfi l even the basic requirements stated by the Convention in 1997.