Wykładnia art. 52 KEL w orzecznictwie Trybunału Konstytucyjnego i Europejskiego Trybunału Praw Człowieka
The interpretation of Art. 52 of the Code of Medical Ethics in the Decisions of the Constitution Tribunal and the European Court of Human Rights

Summary/Abstract: The paper concerns the controversy that over the years has grown around the content of Art. 52,section 2, of the Code of Medical Ethics. The introduction of this regulation into the medicaldeontological code has bound doctors to the principle of professional loyalty. Some consideredthis solution expressed a misunderstood solidarity of medical circles. On the other hand, this reg-ulation structured mutual relations between medical practitioners and set standards of mutual re-spect. The paper analyzes how this controversial regulation is seen in the light of the rulings ofthe Constitutional Tribunal and the European Court of Human Rights. The outcome of this anal-ysis is support for such interpretation of the regulation as says that in cases involving this article,medical courts should conduct a thorough investigative procedure to reveal whether the accusa-tions in the complaint are true. It is also stated that the interpretation of Art. 52, section 2, of theCode of Medical Ethics should assume that the notion of ‘discrediting’ shall signify a public statement which defies the truth or is not related to the protection of public interest, and its onlyor main purpose is to subvert the authority of another medical practitioner.

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