Limitations of Patient’s Right to Self-Determination Due to Hospitalization for Tuberculosis

Journal Title: Białostockie Studia Prawnicze - Year 2017, Vol 0, Issue 22

Abstract

Th e subject of the article is a discussion of issues related to the limitation of patients’ rights provided for in the law in the prevention and control of one of the infectious diseases – tuberculosis. Th e above restrictions result from the treatment of public health as a merit of higher protection than individual human rights. Th ey are manifested in specifi c responsibilities of patients suff ering from tuberculosis such as forced treatment and hospitalization and, therefore, despite the lack of consent or against the objection, in compliance with the injunctions and prohibitions of the State Sanitary Inspection prevents and combats infectious diseases. In this article, I present legal solutions limiting the patient’s right to decide on treatment, consent or objection to health services related to the implementation of tuberculosis prevention and control tasks, thus limiting the patient’s autonomy in relation to this disease. Moreover, I point to the problems arising in connection with the fulfi lment of obligations in this respect.

Authors and Affiliations

Katarzyna Rybarczyk

Keywords

Related Articles

Th e Principle of Legitimate Expectations and the Protection of Trust in the Polish Administrative Law

The principle of legitimate expectations concerns primarily the relationship between public administration and individuals. It endeavours to solve the conflict between the administration’s goal to protect confi dence in...

Commentary on the Judgment of the International Criminal Tribunal for the Former Yugoslavia (ICTY) of 29 November 2017 (Case No. IT-04-74-T)

Th is criminological commentary has been rendered on the grounds of the following facts. In case of Prosecutor v. Jadranko Prlić, Bruno Stojić, Slobodan Praljak, Milivoj Petković, Valentin Ćori ć and Berislav Pusić, the...

Th e Participation of a Social Factor in the Administration of Justice as the Implementation of the Rule of the Public Trial

Th e article presents the rule of transparency in criminal procedure, especially the external aspect of this rule – the rule of a public trial. Th e paper shows constitutional and criminal regulations of the rule of an o...

Zasady dziedziczenia udziałów w spółce z ograniczoną odpowiedzialnością przez małoletniego spadkobiercę

Th is analysis presents the principles of inheritance by minors of shares in a limited liability company and attempts to answer the question of whether the inheritance of such shares by minor heirs should be regulated in...

Disciplinary Procedure in Polish Special Services in the Light of the Concept of a Fair Trial Exemplifi ed by the Disciplinary Procedure of the Internal Security Agency

Th e incentive for contributing this paper is the planned great reform of Polish Special Services. Th e study attempts to formulate some requirements that should be met by disciplinary procedure. Th is goal is achieved b...

Download PDF file
  • EP ID EP337509
  • DOI 10.15290/bsp.2017.22.02.11
  • Views 59
  • Downloads 0

How To Cite

Katarzyna Rybarczyk (2017). Limitations of Patient’s Right to Self-Determination Due to Hospitalization for Tuberculosis. Białostockie Studia Prawnicze, 0(22), 161-171. https://europub.co.uk/articles/-A-337509