Europejski Komitet Praw Społecznych w systemie organów traktatowych międzynarodowej ochrony praw człowieka

Author(s): Aleksander Gadkowski / Language(s): Polish Issue: 3/2014

The aim of this article is to present the European Committee of Social Rights as a supervisory body in the system of international protection of human rights. To this end, the author elaborates upon the system of treaty bodies in the field of international protection of human rights, both at the universal level within the framework of the United Nations,as well as on the regional plain in respect of the treaty bodies within the Council of Europe’s system. The author pays particular attention to the treaty acquis of the Council of Europe on the protection of social rights and, as such, discusses the European Social Charter system. The author emphasizes the particular role of a specific organ, namely the European Committee of Social Rights, within this field. One of its most notable features is the mechanism of collective complaints (fr. réclamations collectives), which was introduced to the Charter’s supervisory system on the basis of the 1995 Additional Protocol. In the author’s opinion, on the basis of the competence of the European Committee of Social Rights to hear collective complaints, it is arguable that this body performs the function of a quasi-judicial organ in the monitoring process, which distinguishes it from other treaty bodies in the field of international protection of human rights.

Zobowiązania etyczne lekarza wobec społeczeństwa w świetle zapisów Kodeksu etyki lekarskiej i niektórych propozycji ich zmiany

Author(s): Leszek Bartkowiak,Tomasz Maksymiuk / Language(s): Polish Issue: 7/2015

The article focuses on an analysis of physician’s ethical commitment to society, stemming from the binding Medical Code of Ethics, as well as of suggestions concerning modification of its certain provisions, particularly the so called Conscience Clause. A comparison of the commitment discussed, contained in the Code, with corresponding declarations in the respective Professional Codes of Ethics for Nurses and Midwives, Pharmacists and Laboratory Diagnosticians – indicates that such commitment differs in the particular medical professions, both in its nature and its scope. The authors surmised that the fundamental prerequisite of putting the Code’s directives in practice was their intelligibility and consistency of its particular norms. It was, therefore, judged that the proposed conscience clause might indeed negate the very Medical Code of Ethics provisions. The authors pointed to other serious flaws in the Code, such as a relative failure to prioritise the pertinent provisions, as well as a certain measure of incoherence and ambiguity of some of them. They concluded, among other things, that the Medical Code of Ethics was instrumental in shaping ethical attitudes among physicians. Still, its provisions require constant refinement. Crucially, the Code does not need, of necessity, to clash with neither the State Law nor with human conscience.

Odpowiedzialnoość cywilna lekarzy a stosunek zatrudnienia

Author(s): Piotr Stępniak / Language(s): Polish Issue: 7/2015

The article addresses the issue of civil liability among physicians, in relation to rendered medical services. The author points out that such liability depends on the type of their employment in a given medical entity. It is thus regulated by both civil and labour law. The medical entity’s liability is then that of an enterprise, that is, on the risk principle. The physician’s liability may vary, according to the type of his/her engagement, either through civil-law agreement or standard contract of employment. The author broadly discusses the consequences of diverse types of employment contract, indicating that the most optimal situation for the physician is to be employed within the labour code framework. His/her civil liability gets thereby reduced to minimum, that is, to the equivalent of3-month wages. Contrastingly, in the case of civil-law agreements – it is limitless. Concluding, the author recommends the physicians to enter insurance agreements against civil-law liability.

Forma sprzeciwu na pobranie komórek, tkanek i narządów ze zwłok ludzkich

Author(s): Agnieszka Wojcieszak / Language(s): Polish Issue: 7/2015

The article presents the issue regarding the form of objection to harvesting cells, tissues and organs from the human corpse. It is commonly accepted that the fundamental right of a patient, ensuring them the respect for their autonomy, is the right to grant consent or express objection to providing particular health service by a doctor. Due to the fact that in the literature within this subject matter there is no comprehensive presentation of the form in which the patient should grant consent or provide an objection, therefore this shall be the aim of this paper.

Terminologia prawnicza z zakresu chirurgii plastycznej i estetycznej oraz mini-inwazyjnych zabiegów kosmetycznych

Author(s): Ksenia Pecuszok / Language(s): Polish Issue: 7/2015

This article attempts to provide definition for the following terms: ‘plastic surgery’, ‘aestheticsurgery’ and ‘minimally invasive cosmetic procedures’. The author sets forth the constituent elements of the above-mentioned terms and establishes demarcation line between them with the help of the concepts ‘health’ and ‘illness’, defined in Polish and international Legal acts. Further, the issue of ‘bodily injury’ in the Polish civil law was raised.

Reklama produktu leczniczego a przyjmowanie korzyści przez lekarza w świetle prawa podatkowego i etyki zawodowej

Author(s): Mateusz Langer / Language(s): Polish Issue: 7/2015

This article investigates the most important fiscal aspects of physician benefits as part of the overall Poland tax compliance regime. Two perspectives of tax regulations are considered: fiscal nature of the gratuitous benefits, with amounts to exceeding the statutory threshold under the Personal Income Tax; and whether the accepting any of benefits by physicians are ethically neutral from him. Furthermore, the article compares the selected provisions of Personal Income Tax and Gift Tax in a specific context of promotional and advertising campaigns in Poland. The whole presented considerations are reflected in the current legislation, and the doctrine achievements.

Tajemnica zawodowa psychologa ze szczególnym uwzględnieniem uwarunkowań pracy psychologa szkolnego

Author(s): Witold Sobczak,Grzegorz Straburzyński / Language(s): Polish Issue: 7/2015

The issue of professional secrecy among psychologists, and particularly elements of work of a school psychologist, were analysed. Such professional should, first and foremost, have the well-being of a minor at heart, then be aware of who the latter parents are, reflect upon how they will react if a certain sensitive information is inadvertently revealed, consider possible consequences of it, and finally take the long view whether such act may possibly damage the child’s trust in psychological assistance, and in the parents themselves. It is also important what a given secret is about. Disclosing it to the parents the psychologist should, as a rule, though with certain exceptions, do it in the child’s presence. It is also vital that the minor is treated as a carrier of rights.

Przegląd orzecznictwa Europejskiego Trybunału Praw Człowieka wydanego w sprawach z aspektem medycznym w 2015 roku

Author(s): Magdalena Zamroczyńska / Language(s): Polish Issue: 7/2015

A review of judicial decisions by the European Court of Human Rights with medical aspects to different European countries gave in 2014 Summary The European Court of Human Rights was established in 1959 for the purpose of examining individual complaints and international cases. The ECtHR ascertains the infringement of rights and freedoms on the basis of the Convention for the Protection of Human Rights and Fundamental Freedoms. The Convention provides uniform principles and standards in the field of human rights while ECtHR judgments may provide arguments to introduce amendments in legislature and in practice. The paper presents selected verdicts issued by the ECtHR against different countries in 2015 in the cases involving medical issues.

Sprawozdanie Naczelnego Rzecznika Odpowiedzialności Zawodowej za 2015 r.

Author(s): Grzegorz Wrona / Language(s): Polish Issue: 7/2015

The paper presents statistic showing the work of the Supreme Screener for Professional Liability in 2015.

Dane liczbowe obrazujące prace Naczelnego Sądu Lekarskiego w 2015 roku

Author(s): Wojciech Łącki / Language(s): Polish Issue: 7/2015

The paper presents statistics of the Supreme Medical Court in 2015.

Rezime

Author(s): / Language(s): Serbian Issue: 01/2015

Posebne Teme

Author(s): Author Not Specified / Language(s): Serbian Issue: 01/2015

Zagadnienie pracy i wynagrodzenia za pracę w Konstytucji RP z 2 kwietnia 1997 r.

Author(s): Elwira Musiałowicz / Language(s): Polish Issue: 4/2014

Text is making an attempt of mutual depicting of complementing each other legal norms included in regulations of legal documents about the legal force. The author is pointing at the importance of the Labour Law which results from including regulation concerning this branch of the law in the Constitution.

Badania naukowe i testowanie nowych leków na ludziach i zwierzętach-aspekt prawny i etyczny

Author(s): Magdalena Barbara Baranowska / Language(s): Polish Issue: 3/2014

Pharmacological experiments and using animals for research is controversial and creates an ethical dilemma. Therefore, while making a decision of conducting an experiment or using animals for testing, all advantages and disadvantages of them should be carefully considered. It is strongly advisable to pay more attention to the issue of testing new medicine on people and using animals for research as well as point out the lack of legal regulations in these aspects to Polish legislators.

Prawo w służbie utopii – problematyka uzasadnienia prohibicji narkotykowej

Author(s): Filip Duski / Language(s): Polish Issue: 3/2014

The subject of the paper is the possibility (or lack thereof) of creating a cultural reality by means of penal law tools, based on historical examples of stimulant, alcohol, and drug prohibition. Using a cross-comparison of examples of removing legal supplies of psychoactive substances, it juxtaposes seemingly noble premises with the consequences of breaking the rules of rational criminalization. The idea of controlling abuse of psychoactive substances by making recreational use illegal seems to have caused the rise of social pathology on a global scale. Instead, the ideology-free, culture-based approach should be suggested. It would consider law in general as reactive and subsidiary, complementing the cultural normative system of psychoactive substance consumption. Norm socialization process - a condition of its de facto functioning, as well as the phenomenon of axiological limits of normative regulation, are vital concepts in this context. Consequently, the author accepts an assumption that both the commonly substance-abusing society and the one hardly using them are dysfunctional in a very similar way, as both are stressful environments, firmly missing substantial conditions for optimization of both social communication and introspective reflection for its members. This is just an example of how legislation that is breaking cultural patterns is not able to fulfill its purpose, even if and when implementing a totalitarian-scale repression policy based on stern moral principles.

Aksjologia wolności

Author(s): Martyna Ławrynowicz-Mikłaszewicz / Language(s): Polish Issue: 3/2014

Freedom and human rights, as the most important in a democratic state ruled by law, require a special respect and increased security. Freedom is the idea of law and philosophy and above all an important value received by each individual, giving the possibility of doing what the law does not prohibit. If applicable law reflects the ideas of justice and human rights, it is only possible to the actual respecting the principles of liberty by the authorities as well as other entities. Freedom consists in the possibility of free shaping behaviors in full compliance with individual choices. The constitutional regulation of freedom and the rights of man and citizen the legislator based on axiological momentous pillars - dignity, equality and the principles of liberty, which specifies the same for both directions of the legislation, as well as to the application of the law. This also allows an in-depth understanding of the concept of freedom, its essence. State apparatus thus has a secondary character, functioning for an individual, which means at the same time the existence of highest guarantees of respect for freedom declared in the Constitution and the rights that sovereign, nation, considers most important.

Prawa Człowieka - między krytyką i apologią europejskiego modelu politycznego

Author(s): Mikołaj Rakusa-Suszczewski / Language(s): Polish Issue: 1 (77)/2016

Human rights are one of the main European policy horizons, and also the basic pillar of the social and moral order in contemporary world. This does not change the fact that specific and complex narrative of human rights provokes important controversies, as well as open criticism. In the present article we indicate the main thrust of these doubts and objections. Three distinguished figures of this criticism we describe as cultural, epistemological and political. Each of them has its numerous representatives, but we introduce only few of them. They are Charles Taylor, Richard Rorty and Pierre Manent. What strikes us in this debate is the fact that it focuses most of the major dilemmas associated with the European integration project. The disagreements about human rights reflects indeed the debate over the future shape of Europe.

AFIRMACIJA LJUDSKIH PRAVA KAO POLAZIŠTE ZA REDEFINISANJE POLITIČKOG I DRŽAVNOPRAVNOG KONCEPTA BOSNE I HERCEGOVINE

Author(s): Mirjana Nadaždin-Defterdarević / Language(s): Bosnian Issue: 2/2016

This paper deals with the issue of organizational principle of the state of Bosnia andHerzegovina – which currently rests on the concept of the three constituent peoples – questioning its relationship with the principles of equality and non-discrimination, which havebeen proclaimed both in the state and entity constitutions. The conclusion that follows confirms the thesis that a divided society, in which the ethno-cultural divides are politically most important, underlying the political fragmentation of society, is an environment in which thevalue of these guaranteed principles cannot be realized. By analysing the content and through teleological method, research particularly focuses onthe aspect of human rights where, through the application of the criteria of ethnicity, we can clearly see their discriminatory effects. This paper seeks the answer to the question of what is the most reliable basis on which thestate and society of Bosnia and Herzegovina should develop. The author finds that for this purpose the most suitable is the affirmation of the principle of “differentiated citizenship”, which allows the self-determination of each individual, thus giving them the possibility of freedom that they will use in the way that suits them the best. In this way, the current differentiation in human rights – according to the criterion of ethnicity – would lose its objective and reasonable justification.

Ustavna zaštita ljudskog dostojanstva u Bosni i Hercegovini

Author(s): Živorad Rašević / Language(s): Bosnian Issue: 15-16/2015

The Constitution of Bosnia and Herzegovina does not contain a legal norm with explicit guarantees of human dignity. This fact certainly does not go in favour to citizens who ask for protection of constitutionally guaranteed human rights in such complex state. The legal character of human dignity as a human right and a private personal good, caveats to its constitutional protection in legal system of BiH and opportunities to solve them were explored in this paper. The key issues identified are: a narrow interpretation of the material appellate jurisdiction of the Constitutional Court; unclear applicability of international instruments listed in Annex I of the Constitution of BiH; vague relationship of public and private rights witin the legal system of B&H. Solutions to overcome these obstacles have been suggested, such as constitutional, legal and doctrinal measures to extend material appellate jurisdiction of the Constitutional Court; extensive application of the institution of a general prohibition of discrimination; development of „effects of radiation“ doctrine; constitutional establishment or doctrinal development of the concept of general right of personality.

Sudski aktivizam u zaštiti od diskriminacije

Author(s): Dejan Pavlović / Language(s): Serbian Issue: 15/2016

The aim of this paper is to provide the proposal for a feasible and effective model that the Constitutional Court of BH could utilize to remedy the problem of the constitutional-based discrimination of minorities within the electoral process in Bosnia and Herzegovina. The issue at stake came into focus of legal and political science scholars after the ECtHR delivered its famous decision in case Sejdic-Finci in December 2009. The proposed approach of the Constitutional Court of BH is to increase its judicial activism, since it is the only stakeholder equipped with the necessary tools for resolving the problem that brought the political elites into a deadlock.