Review article

Right to refuse medical treatment in Croatia

Ksenija Turković ; Faculty of Law, University of Zagreb, Zagreb, Croatia

Abstract

In Croatia patients’ right to refuse medical treatment is limited when refusal would threaten life and health of the patient or would cause permanent impairment of the patient's health. In this review we clarify the meaning and scope of the right to refuse medical treatment in Croatia, analyze whether this right is in conformity with requirements established by the European Convention on Human Rights (ECHR), Convention on Human Rights and Biomedicine (CHRB) and case law of the European Court of Human Rights (ECtHR) and suggest the ways in which the Croatian law related to refusal of medical treatment should develop. We review phylosophical and legal bases of the right to refuse medical treatment (autonomy, right to self-determination, right to bodily integrity) and limitations which the ECHR, CHRB, case law of the ECtHR, Croatian Constitution and case law of the Croatian Constitutional Court impose on the exercise of the right to self-determination. Taking into consideration these limitations we critically analyze legal attitudes in Croatia toward refusal of treatment by competent patients and on behalf of incompetent patients. In the past ten years important changes related to informed consent have been introduced to Croatian legal system, however the law is still not following the current trends in western democracies and some provisions are even contrary to ECHR and/or CHRB. The relevant domestic case law, which could clarify possible quarries, is lacking. Author attempts to offer missing clarifications and also suggests the ways in which physicians should respond to refusal of medical treatment and examines the need to amend the Croatian laws regulating the right to refuse medical treatment.

Keywords

autonomy; informed consent; paternalism; refusal of medical treatment; right to self-determination

Hrčak ID:

26840

URI

https://hrcak.srce.hr/26840

Publication date:

1.9.2008.

Article data in other languages: croatian

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