Preliminary communication
https://doi.org/10.47960/2637-2495.2022.30.5
INTERVENTIONS IN PHYSICAL INTEGRITY AND COMPENSATION FOR DAMAGES
Alena Jurić
orcid.org/0009-0009-3076-4224
; Faculty of Law, University of Mostar
Abstract
The most common interventions in physical integrity are: medical interventions on body, judicial interventions on body, body interventions through interventions in the environment and sports
interventions on body. The development of modern science has created numerous possibilities for using the human body and its parts for different purposes. Existing legislation and court decisions
cannot answer all new questions of the right to physical integrity related to the development of modern science. Those issues require new considerations and new answers. Although the human body and its parts are considered as objects of the right to physical integrity, there are global international pressures to determine the body and its parts as things in the civil law sense. Different states disagree on the issue of whether the right to one’s body, or it’s use, is the same right as the right to property, as they do on euthanasia and the right to in vitro fertilization. In Bosnia and Herzegovina, there is a discrepancy of similar laws at the level of Entities (Federation of Bosnia and Herzegovina and The Republic of Srpska) and Brčko District of Bosnia and Herzegovina. Following the example of the ZOO of the Republic of Croatia, the objective concept of non-material damage should be adopted, which would contribute, among other things, better protection of the right to physical integrity.
Keywords
Hrčak ID:
296769
URI
Publication date:
23.2.2023.
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