PRAVO PACIJENTA NA SAMOODLUČIVANJE I PRISTANAK: IZMEĐU PRAVA PACIJENTA I DUŽNOSTI LJEKARA U SVJETLU EVROPSKE KONVENCIJE O ZAŠTITI LJUDSKIH PRAVA I OSNOVNIH SLOBODA
PATIENT’S RIGHT TO SELF-DETERMINATION AND CONSENT: BETWEEN THE PATIENT’S RIGHT AND THE PHYSICIAN’S DUTY IN THE LIGHT OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

Summary/Abstract: It is quite indisputable that in order to undertake a certain medical measure, in addition to the existence of a medical indication, there must first be the patient’s consent, otherwise it would be arbitrary (and also unauthorized) treatment. Thus, according to the Law on the Rights, Obligations and Responsibilities of Patients - ZPOOP, the patient has the right to freely decide on everything that concerns his life and health, except in cases where it directly endangers the life and health of others. Against the will of the patient or his legal representative, parent or guardian, a medical measure may be undertaken only in exceptional cases established by law and which are in accordance with medical ethics, and on the other hand, the patient has the right to refuse the proposed medical measure, except in cases where it saves or maintains his life or failure to undertake it would endanger the life or health of other people. However, whether the aforementioned regulation by the legislator has actually violated the rights of patients guaranteed by the Constitution of Bosnia and Herzegovina and the European Convention on Human Rights and Fundamental Freedoms, and whether denying patients the right to refuse a medical measure, for any reason known to them, e.g. religious views and beliefs, regardless of the fact that it may lead to their death, (does not) represent respect for the rights guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms. Taking into account the practice of the European Court of Human Rights, as well as domestic case law, the existence of certain provisions of the Law on the Rights, Obligations and Responsibilities of Patients, which relate to the patient’s right to decision-making and consent, and their compliance with the European Convention on Human Rights and Fundamental Freedoms, may be questioned.

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