... Успіх вимірюється не тим наскільки високо ви вилізли, а тим, скільки ви з собою принесли (У.Роуз) ...

Головне меню

Науково-практична Інтернет-конференція 27.02.2014 - Секція №2
Human rights currently occupy a key position in the system of international law. It should support the dominant view that the greatest develop this area of law, in fact, occurred after the Second World War. Patients' rights emerged from human rights after World War II [1]. The tragic experience of this period became the starting-point for the international community to realize that the solution for the protection of human rights, adopted and controlled only at national level, are not sufficient. Recognition of human rights, in turn, was the exclusive issue each countries that decide to what extent they should be considered, to promote and protect. Began then, within the United Nations system, the work on the creation of an international system aimed at preserving these rights. It should be emphasized that indicated below basic international documents but do not relate directly to health, it became the foundation for the development of the concept of patient rights, including mental patients. 
The first act of major importance, binding practically all countries of the world, was the Charter of the United Nations (UN Charter), 1945 [2]. The first act of major importance, binding practically all countries of the world, was the Charter of the United Nations (UN Charter), 1945. In art. 55 of the Charter - the signatories committed to promote "universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion” to “the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples” [3]. It refers generally to human dignity, recognizing it as thereby as the value of a timeless and universal. Human dignity has become a reference point in the creation of an international system of human rights, as well as from over time rights of the patient.
Universal and fundamental to the protection of human rights legislation is the Universal Declaration of Human Rights, adopted as a resolution on 10 December 1948 [4], imposing on member states only moral and political responsibilities.
An important act of the United Nations in the area of protection of the mentally ill and people with mental disorders are the Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care of 17 December 1991, adopted by the UN General Assembly. The document contains 25 rules. The first principle establishes the fundamental freedoms and fundamental rights mentally ill persons. According to it, everyone has the right to the best available mental health care, which is part of the health care and social assistance. Any person with a mental illness or treated as mentally ill, is to be treated with humanity and respect for the inherent dignity of the human person. Also has right to protection from economic exploitation, sexual and otherwise, as well as from physical or other abuse and degrading treatment. Also points to the prohibition of discrimination on grounds of mental illness. This documents are notice minors with mental illness as a separate category of entities whose special protection found its expression in the second rule. Important provision includes a third principle, about rights of mentally ill to live in society. According to the fourth principle adjudication about mental illness should be done with medical standards accepted in the world. Mental illness can never be predicated on the basis of the status of political, economic and social, of belonging to a group of cultural, racial and religious, or based on any other reason that does not relate directly to the state of mental health. Family or professional conflict, non-moral, social and cultural or political values or religious beliefs prevailing in the community can never be a determining factor in diagnosing mental illness. Also training completed treatment can’t be determine by the subsequent judgment about mental illness. Above this, can not be classify or indicate that the person has a mental illness except for purposes directly relating to mental illness or the consequences of mental illness. Further rules devoted to standards psychiatric examinations and psychiatric treatment, procedure of admission to a psychiatric hospital and the rights of a person in a psychiatric institution and the way to protect them. In contrast, rule number 25 provides that no existing patient rights can not be violated under the pretext of their not appearing in this document [5].
Undoubtedly an important role in the programming of international activities in the field of health care, have UN specialized agency – the World Health Organization (WHO), which aims in accordance with Art. 1 of the Constitution of WHO is to achieve by all peoples of the highest possible level of health. That Constitution is preceded by a preamble that refers to the concept of human rights, stating that "the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition". Although not directly was named right to health and did't defined its scope, but a multi-faceted initiative of the organisation, translate into concrete solutions in the range of health care. In 1994 at the European Conference in Amsterdam [6], the WHO presented a model of the Declaration of Patient's Rights as a guideline for use in individual countries. The document defined that everyone has the right to respect for their person as a human person, self-determination, respect for physical and mental integrity and sense of security of the person, respect for privacy and professed his moral, cultural, religious, health care at a level which provides activities in the field of prevention and health care [7]. 
It is worth emphasizing the role of the Council of Europe as an organization, which is open to only the European countries, the democratic, the host system as the basis for his principle of the rule of law and the guarantee of human rights and fundamental freedoms. The achievements of the Council of Europe treaty is extremely rich in terms of quantity of legal acts, but above all rich in terms of content. Many treaty aims to harmonize the national legal systems of the Member States, or at least ensure their basic compliance. The Council of Europe works to common health policy, focusing for example on issues of hospital care, especially psychiatric hospitality. On 8 October 1977 the Parliamentary Assembly of the Council of Europe adopted Recommendation 818 (1977) concerning the situation of the mentally ill. Were used the term "mentally ill person" to mean not only the psychiatric patient in the strict sense of the word, but also a person with a personality disorder. Except in emergencies, no one can be deprived of liberty without convincing, objective medical opinion indicating mental illness, the type and degree of disturbance must indicate the need for involuntary seclusion, and the basis for maintaining this measure are dependent on the existence of disorders. 
Recommendation concerned the Committee of Ministers, which is intended to encourage the governments of the Member States to review their existing legislation and administrative provisions relating to the mentally ill and the creation of rights and practices that protect this group. Therefore, the Committee of Ministers adopted on 22 February 1983 Recommendation No. R (83) 2 on legal protection of persons suffering from mental disorders, forcibly placed in medicinal subjects. This time the recommendations relate to the adaptation of existing legislation in the Member States of the provisions of the recommendation or take into account the provisions of the creation of the new legislation. According with the recommendation – forced placement of a patient suffering from a mental disorder in a psychiatric institution, may only be ordered by a court or other competent authority designated by law. In the case of exceptional situations where the law recognizes the right decision doctor, the court should be informed about this immediately. Psychiatrists and other doctors in determining whether a person suffers from a mental disorder and that requires the placement of the medical establishment, should be guided by the principles of medical knowledge. In addition, the difficulties of adapting to the moral, social, political or other, in themselves should not be considered a mental disorder. The patient forced to placed in a psychiatric institution have the right to receive proper treatment and care, but most of all to inform him of his rights. Restrictions on the personal liberty are relating to cases where they are necessary becouse of the health condition or necessary to ensure successful treatment. Always, however, the patient's dignity should be respected and should be taken appropriate measures to protect his life [8]. 
It is worth mentioning about Hawaiian Declaration, approved by the General Assembly of the World Federation of Psychiatry in Vienna on 10 July 1983. Those are ethical principles which should guide psychiatrists: the good of the patient, providing him with the best available treatment, creating a therapeutic relationship based on mutual trust, proceeding in accordance with the principles of scientific knowledge and ethical action as "conscious" with the consent of the patient, unless there are circumstances justifying the treatment of coercion, respect for the dignity and rights, whether the conduct of medical confidentiality. Involuntary hospitalization was the subject of interest in the case law of the European Court of Human Rights [9]. ECHR pointed out that the use of this measure must be within the limits of the law, be reasonable and based on the opinion of a specialist [10].
Normative system of the Council of Europe in the area of human rights protection consists of the main legal acts: the Convention for the Protection of Human Rights and Fundamental Freedoms, introducing only individual freedoms and rights and civil liberties, and the European Social Charter [11], guarantee economic and social rights [12]. Article 15 of the European Social Charter guarantees the right of persons with disabilities, physically and mentally to professional training, rehabilitation and social and vocational rehabilitation. The signatory States are required to implement this right by taking the necessary measures to ensure training facilities, including, if necessary, the establishment of specialized institutions, public or private, and action to employ people with disabilities. Such institutions could be operators job or sheltered workshops.
The European Union also takes measures to prevent discrimination against people with disabilities, which include psychiatric patients. On 2 October 1997 signed the Treaty of Amsterdam [13], introducing to the Treaty establishing the European Community art. 13, including the prohibition of discrimination. Then, on Nov. 27, 2000, the Council of the European Union adopted a decision establishing a Community Action Programme to combat discrimination in the years 2001-2006. Program is subject to the fight against discrimination on grounds of disability. 
Another important moment was the adoption and signing in Nice on 7 December 2000, the Charter of Fundamental Rights of the European Union. It contains in Art. 21 prohibition of discrimination also in relation to disability. The Treaty of Lisbon of 13 December 2007 has enabled the Charter to the Treaty. However, under the Optional Protocol has been limited in the total application of the provisions of the Charter for the citizens of the UK and Polish. This means the inability to rely on it before the Court of Justice of the EU and national courts.
As can be seen last decade was a period of rapid development of patients' rights. In the United States, where health care have an important role of market mechanisms, it has a more consumer character. In Europe, dominates the civic nature of the patient's rights focused its attention on the medical aspects of human rights [14]. Regardless of motivations, the patient's rights issues are still evolving, has been and continues to be of interest to international law.
 
References:
1. Czapliński W. Prawo międzynarodowe publiczne zagadnienia systemowe / W. Czapliński, A.Wyrozumska. – Warszawa, 2004. – s. 427-430.
2. The UN Charter of 26 June 1945, Coll. Laws of 1947, No. 23, item. 90.
3. Nowicki M.A. Europejski system ochrony praw człowieka [w:] praw człowieka. Testy wykładów / M.A. Nowicki. – Warszawa, 1996. – s. 137.
4. Resolution of the General Assembly of the United Nations on 10 December 1948.
5. UN General Assembly resolution of 17 December 1991, 46/119, Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care.
6. The conference was held on 27-30 April 1994.
7. Nesterowicz M. Prawo medyczne / M. Nesterowicz. – Toruń, 2013. – s. 18-19.
8. Nesterowicz M. Prawo medyczne / M. Nesterowicz. – Toruń, 2013. – s. 202-203.
9. See ECHR judgment of 28 May 2013 Baran v. Poland.
10. Nesterowicz M. Prawo medyczne / M. Nesterowicz. – Toruń, 2013. – s. 202.
11. It was opened for signature 18 October 1961, Coll. Laws of 1999, No. 8, item. 67.
12. Karkowska D. Prawa pacjenta / D. Karkowska. – Warszawa, 2009. – s. 64-67.
13. Entered into force on 1 May 1999.
14. Balicki M. Prawa pacjenta – wybrane zagadnienia [w:] Szkoła Praw Człowieka. Teksty wykładów / M. Balicki. – Warszawa, 1996. – s. 316. {jcomments lock}
 
 

-
English French German Polish Romanian Russian Ukrainian
2022
Серпень
ПнВтСрЧтПтСбНД
1234567
891011121314
15161718192021
22232425262728
293031    
Національний розвиток держави і права повинен ґрунтуватися, у першу чергу, на:
 
На Вашу думку чи забезпечують реалізацію принципу верховенства права законодавчі реформи 2020 року?
 

Наші видання

Збірник матеріалів конференції(17.05.2012 року)
Система Orphus
Повну відповідальність за зміст опублікованих тез доповідей несуть автори, рецензенти та структурні підрозділи вищих навчальних закладів та наукових установ, які рекомендували їх до друку.

Лічильники і логотипи

Актуальна Юриспруденція