Przymusowe podanie leków w perspektywie Konwencji o ochronie praw człowieka i podstawowych wolności
Forced Administration of Medication from the Perspective of the Convention for the Protection of Human Rights and Fundamental Freedoms

Summary/Abstract: Forced administration of medication may be examined from the perspective of Articles 3 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The question of its permissibility should be considered on at least two separate levels. First, as one of the measures serving to implement medical treatment obligations imposed on an individual (compulsory treatment) which that individual does not fulfil voluntarily. Second, as one of the forms of direct coercion – so-called pharmacological coercion. The first situation occurs when the administration of medication is linked to achieving a therapeutic goal. The second situation occurs when medication is intended merely as an immediate response to a patient's behavior at a given moment. The aim of this study is to reconstruct the standard for the forced administration of medication arising from the Convention for the Protection of Human Rights and Fundamental Freedoms. To this end, an analysis of the case law of the European Court of Human Rights from 1985–2025 was used. The issues discussed in the study focus on the forced administration of medication in the context of health protection broadly understood. It concerns the forced administration of medication as a form of compulsory treatment, while the issue of direct coercion measures has been limited to matters related to pharmacological coercion. The scope of the issues addressed does not include the forced administration of medication for the purpose of obtaining evidence in criminal proceedings.

• Details
• Contents