Suchergebnisse

The object of the master's thesis is an informed consent of a person for any kind of medical intervention. The main aim of the research is to analyze the issue of consent as a fundamental principle of human rights protection in the field of biomedicine. The main objectives are: to determine the correlation and interaction between the Oviedo Convention and the European Convention on Human Rights; to specify the sources and necessary requirements of consent; to consider historical and modern contexts of sterilization as a form of personal autonomy intervention; to determine significance and criteria of the consent validity in the context of applying sterilization measures to persons belonging to a vulnerable group; to examine the current systems of organ donation and their legal implementation; to identify the legal basis of presumed and informed consent systems as well as their strengths and weaknesses; to analyze presumed consent system in the framework of the European Court of Human Rights. The implementation of these tasks has led the author of this work to a conclusion that, despite the fact that no special mechanisms for the protection of rights related to biomedicine have yet been established at the universal or regional level, effective results have been achieved within the Council of Europe and the European Union. The informed consent of a person is a primary principle, the absence of which will prevent any kind of intervention. Its demand is based on the principle of autonomy, that is to say, respect for a person's ability to make their own decisions about their body. Informing person in a proper way is a crucial element of consent. In certain cases, medical intervention may be performed without the patient's consent. Forced or compulsory sterilization constitute a gross violation of human rights and medical ethics and can be considered as acts of torture and cruel, inhuman or degrading treatment. The main components of this problem are: the lack of adequate legal remedies to obtain redress; the impunity of those who unlawfully perform sterilization; the lack of respectful and effective communication between medical practitioners and women in obtaining informed consent, and the need for an independent committee to examine the full extent of the harm caused by involuntary sterilization. Nowadays, the issue of organ and tissue donation of human origin is regulated by two legal systems (presumed consent and informed consent). Both systems are aimed at solving the problem of shortage of donor organs. However, the system of informed consent is the one which is recognized as more successful because on the one hand it respects personal autonomy and on the other – public interest expressed by an act of good will on the part of the donor. At the same time, one of the main reasons for criticism of the system of presumed consent is that the removal of organs without explicit consent is a violation of bodily integrity and, as a result, autonomy.

The object of the master's thesis is an informed consent of a person for any kind of medical intervention. The main aim of the research is to analyze the issue of consent as a fundamental principle of human rights protection in the field of biomedicine. The main objectives are: to determine the correlation and interaction between the Oviedo Convention and the European Convention on Human Rights; to specify the sources and necessary requirements of consent; to consider historical and modern contexts of sterilization as a form of personal autonomy intervention; to determine significance and criteria of the consent validity in the context of applying sterilization measures to persons belonging to a vulnerable group; to examine the current systems of organ donation and their legal implementation; to identify the legal basis of presumed and informed consent systems as well as their strengths and weaknesses; to analyze presumed consent system in the framework of the European Court of Human Rights. The implementation of these tasks has led the author of this work to a conclusion that, despite the fact that no special mechanisms for the protection of rights related to biomedicine have yet been established at the universal or regional level, effective results have been achieved within the Council of Europe and the European Union. The informed consent of a person is a primary principle, the absence of which will prevent any kind of intervention. Its demand is based on the principle of autonomy, that is to say, respect for a person's ability to make their own decisions about their body. Informing person in a proper way is a crucial element of consent. In certain cases, medical intervention may be performed without the patient's consent. Forced or compulsory sterilization constitute a gross violation of human rights and medical ethics and can be considered as acts of torture and cruel, inhuman or degrading treatment. The main components of this problem are: the lack of adequate legal remedies to obtain redress; the impunity of those who unlawfully perform sterilization; the lack of respectful and effective communication between medical practitioners and women in obtaining informed consent, and the need for an independent committee to examine the full extent of the harm caused by involuntary sterilization. Nowadays, the issue of organ and tissue donation of human origin is regulated by two legal systems (presumed consent and informed consent). Both systems are aimed at solving the problem of shortage of donor organs. However, the system of informed consent is the one which is recognized as more successful because on the one hand it respects personal autonomy and on the other – public interest expressed by an act of good will on the part of the donor. At the same time, one of the main reasons for criticism of the system of presumed consent is that the removal of organs without explicit consent is a violation of bodily integrity and, as a result, autonomy.