Limitations of a patient’s right to self-determination in cases of hospitalization for the treatment of tuberculosis Cover Image

Ograniczenia prawa pacjenta do samostanowienia w związku z hospitalizacją w przypadku gruźlicy
Limitations of a patient’s right to self-determination in cases of hospitalization for the treatment of tuberculosis

Author(s): Katarzyna Rybarczyk
Subject(s): Human Rights and Humanitarian Law, Health and medicine and law
Published by: Temida 2
Keywords: patient’s rights; restriction of patient’s autonomy; tuberculosis; obligatory hospitalization;

Summary/Abstract: The 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 infectious diseases - in this instance tuberculosis. The above restrictions result from the treatment of public health as a merit of higher protection than individual human rights. They are manifested in the specific responsibilities of patients in the case of tuberculosis, such as forced treatment and hospitalization, and therefore despite the lack of consent or against objection, compliance with the injunctions and prohibitions of the State Sanitary Inspection to prevent and combat infectious diseases. In this article I am presenting 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 and pointing to problems arising in connection with the fulfilment of obligations in this respect.

  • Issue Year: 2/2017
  • Issue No: 22
  • Page Range: 159-169
  • Page Count: 11
  • Language: Polish