Konstytucyjne gwarancje szczególnych świadczeń zdrowotnych w kontekście ochrony kobiet w ciąży Słowa kluczowe: szczególna opieka zdrowotna, godność ludzka, ochrona kobiet w ciąży, ochrona zdrowia Keywords: specific health care, human dignity, legal protection for pregnant women, helath care 414 PRZEGLĄD PRAWA KONSTYTUCYJNEGO 2020/4 cie wartości konstytucyjnie chronionych. Podstawową metodą badawczą była analiza dogmatyczno-prawna (stylistyczno-językowa), a także humanistyczna analiza aksjologiczna.
Purpose: Changes caused by the COVID-19 pandemic in the organisation of medical care and medical social work provided to patients as part of end-of-life care, make it necessary to re-evaluate the ethical and legal obligations for the protection of this particularly vulnerable groups. Design/Methodology/Approach: This article draws attention to palliative care, a specific form of medical care, and in particular to end-of-life care. Changes in medical practice and medical social work caused by the pandemic, while epidemiologically justified, in many cases lead to violations of the selected European and global standards of care, including end-of-life care. The COVID-19 pandemic has clearly demonstrated, also in Europe, how difficult it is to meet social, medical, and legal standards of care for terminal patients while limiting the possibility of virus transmission. Findings: Patients and their relatives suffer great mental discomfort caused by violations of certain standards of care resulting from an elevated sanitary regime in medical facilities. Such violations can be regarded as violations of patients' rights and of human rights in broader terms. Practical implications: We recommend standardising and popularising the following three parallel solutions to facilitate their funding: 1/ preparing and implementing technical infrastructure to make possible for patients to meet in person with their family and relatives, while preventing physical contact; 2/ extending the use of video chat technologies in hospitals and hospices; 3/ implementing educational activities addressed to patients, their families, and medical staff. These standards positively influence patients' quality of life and, at the same time, make it possible to meet the ethical and legal requirements of medical care. Originality/value: This article included in our depth legal and axiological analyses, and will contribute to the overall strengthening of the value-based health policy of vulnerable groups as the implementation of HRA and human security framework for physician and social workers (caregivers) developed in response to the current pandemic crisis are now becoming an urgent global need.
Purpose: The purpose of this research was to demonstrate a new model of interactive governance as an innovative tool in health care management in crisis situations. Project/Methodology/Approach: The analysis of the new model of interactive governance in the context of health care is based, among other things, on a descriptive model and certain elements of economic analysis of law, expressed in the pursuit of optimal efficiency from legal and social points of view. Findings: It was determined that there exists a correlation between health care and the public administration system. These interconnections comprise various elements reflecting a specific whole, which is relatively permanent and discernible among other parts of social reality. Those elements give rise to a specific network of various interconnections: legal, financial, economic, and trade. This results in a new model of governance based on a multi-level partnership of all public and non-public entities participating in governance. Practical implications: The presented results are important for all public authorities since they facilitate a more effective change design in the field of management related to health care. This is especially important in respect of organising and administering legally protected goods in the health care system, which should successfully protect public health and the health of individual patients in each state. Originality/value: This article presents the possible directions for change in health care management, which can contribute to improved effectiveness of activities undertaken by public authorities and the implementation of effective administration.
The issue of decisions made at the end of life relating to the so-called “Right to death”, “death in dignity”, which in the literature on the subject is referred to as end-of-life decision making in the legal and medical space, arouses the interest of lawyers and doctors, and due to the specific gravity of the topic, it is also the subject of public debate. This article presents the issue of end-of-life decision making in health care in the light of the standards of the Council of Europe. The main purpose of the problem outlined in this way will be to analyze the legal admissibility of decisions concerning the end of life at the request of the interested person in the legal and human perspective. The summary indicates that despite the lack of a consensus in contemporary Europe as to the understanding of human rights, and hence the admissibility of active euthanasia and assisted suicide, the situation may change with the increasing emphasis on individual autonomy in medical law.
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