A monograph edited by Prof. Paweł Danuiluk, the result of an international project led by him, has been published by Taylor&Francis as part of the Routledge Research in Health Law series.
This book shows how the legal systems of individual European countries protect patient autonomy. In particular, it explains the role of criminal law, that is, what criminal law protection of patient autonomy looks like on a European scale in both legal and social dimensions. Despite EU integration processes, the work illustrates that the legal orders of individual European countries are far from uniform in this area. The concept of patient autonomy here is generally in the context of the patient’s freedom from unwanted medical activities: the so-called negative freedom. At the same time, in countries where there are no regulations clearly criminalising the performance of a therapeutic activity without the patient’s consent, the so-called positive freedom is also discussed.
In the introductory chapter Prof. Paweł Daniluk explains the basic concepts related to the subject of this book, not only in the legal context, but also in the philosophical and ethical contexts. Taking into account the historical evolution of the relationship between patient and doctor, the concept of paternalism is first explained, noting its differentiation into hard/strong paternalism and soft/weak paternalism. Then the concept of autonomy is presented, focusing on patient autonomy and the requirement to obtain the informed and voluntary consent of the patient to medical activities. It is emphasised that the patient’s autonomy is commonly accepted today as an important value that should be protected by law, including by means of criminal law instruments. The next part of the introductory chapter describes the purpose of this book and the scope of its deliberations.
The book will be a valuable reference work for academics, researchers and policy-makers working in Health Law, Medical Ethics, Applied Ethics and Criminal Law.
Publisher: Routledge / Taylor&Francis
ISBN: 9781032334905 (pbk.), 9781032334851 (hbk.), 9781003319863 (ebook)
Year: New York 2022
Series: Routledge Research in Health Law
Pages: 456