Izvorni znanstveni članak
https://doi.org/10.31141/zrpfs.2025.62.158.501
The Right to Health of Persons with Disabilities / Mental Disorders – Disputed Issues in Legislation, Constitutional and European Case Law
Dubravka Hrabar
orcid.org/0000-0002-4103-8190
; Pravni fakultet Sveučilišta u Zagrebu
Miroslav Šeparović
; Ustavni sud Republike Hrvatske
Sažetak
Human health primarily falls within the domain of medicine and related disciplines, but it is
also a matter of social policy. In this respect, health is associated with the right to healthcare and
appropriate medical intervention, which are generally assumed to be provided by state institutions.
The issue of health raises the question of whether there exists a right to health as a human right per
se, or whether health-related concerns arise through violations of other rights that subsequently
affect an individual’s health status. Therefore, health should be understood not only as a condition
but also as a legal good. The importance of health and the need for societal intervention are reflected
in various international instruments, national legislation, as well as in the jurisprudence of the
Constitutional Court of the Republic of Croatia and the European Court of Human Rights. Within
this debate concerning health as a legal good, particular attention should be paid to the status of
vulnerable persons and the protection of their health, regardless of whether they are persons with
disabilities or persons with mental disorders. Decisions concerning one’s own health may at times
have detrimental consequences, especially when they cross the boundaries of human well-being and
dignity. It is therefore particularly important to focus on individuals who are unable to make relevant
decisions, even though the legal system may formally permit them to do so. Humanity’s aspiration
toward health extends beyond public health and medical considerations and has, for decades,
emerged within the legal sphere as a potential human right, the impairment of which may even lead
to violations of the right to life. Whether health can be attributed the juridical status of a “right to”
remains an open question, particularly because every right, when violated, should in principle be
capable of judicial protection. Owing to its multifaceted nature, health as a protected right (if indeed
it is one) brings about an intersection of various legal norms which, in accordance with the rule of
law, ought to be harmonized. Decisions of the Constitutional Court provide a valuable example of
how violations of different constitutional provisions may, in certain circumstances, also constitute
violations of the “right to health,” and how “positive discrimination” in the field of health represents
a fair balance between the interests of the community and respect for the rights and freedoms of
individuals.
Ključne riječi
right to health; right to healthcare; person under guardianship; person with disabilities; person with mental disorders; autonomy in decision-making
Hrčak ID:
347626
URI
Datum izdavanja:
31.12.2025.
Posjeta: 234 *