Izvorni znanstveni članak
The Legal Framework and Consequences of Unapproved Medical Treatments - Historical Development, Contemporary Challenges And Future Perspectives
Zrinka Erent-Sunko
; Pravni fakultet Sveučilišta u Zagrebu
*
Maria Dikanović Lukić
; Pravni fakultet Sveučilišta u Zagrebu
* Dopisni autor.
Sažetak
This paper examines the legal framework and legal consequences of unapproved medical treatments, taking into account the continuous evolution and definitional ambiguity of this concept. The starting point is a historical and legal overview of medical practices which, in their origins, were not based on rational or scientific knowledge but rather on religious, magical, and supernatural beliefs. With the gradual development and progress of society, medicine increasingly began to rely on scientific evidence, thereby establishing a clearer distinction between accepted methods of treatment and those remaining within the realm of the supernatural, classified as unapproved methods. The paper further seeks to clarify what is considered an unapproved method of treatment in the contemporary context, to analyze the regulatory framework at the global and European Union levels, and to highlight the current challenges in the attempt to create a unified legal approach. Particular emphasis is placed on three interrelated aspects of traditional, complementary, and alternative medicine: the regulation of products, the regulation of therapeutic procedures, and the regulation of professional qualifications of practitioners providing such services. Finally, the paper provides an overview of the Croatian legislative, institutional, and supervisory approach to unapproved methods of treatment. It pays special attention to the more conservative regulatory model applied in Croatia, examining the relevant legislation and pointing to an existing, yet still insufficient, legislative response to the growing global, European, and national trends in the popularity of such methods of treatment.
Ključne riječi
Unapproved medical treatments; Traditional, complementary and alter- native medicine (TCAM); Protection of patients’ rights; Quackery.
Hrčak ID:
351212
URI
Datum izdavanja:
26.8.2026.
Posjeta: 0 *