The patient's right to privacy and respect for dignity. Part I

Abstract

In modern democratic countries humanistic values are strongly emphasized. Privacy and human dignity are therefore considered to be valuable goods. The justification of their respect can be sought both in the psychological and social concepts. These values are therefore also strongly protected under the law. Their vital importance is also indicated by the fact that they have been raised to the constitutional level and are the subject of protection in both civil and criminal provisions. Plenty of space is devoted to this subject in medical law as well. While providing health benefits, frequent violation of these values may in fact occur. This article is to present the theoretical foundations of the right to privacy and dignity of the patient, sources of legal regulation as well as ethical and deontological grounds concerning this matter and to provide examples of violations of these goods. A situation of privacy may lead to its violation in a physical sense (eg.: due to the body exposure), as well as in intellectual terms (through disclosure of intimate data - such as medical procedures performed). This article also discusses the legal admissibility of the participation of strangers during medical procedures (including so-called close persons, a person designated by the patient, medical personnel and trainees in medical professions). In particular, an analysis of the principles of granting consent for the participation of such persons in the performance of health services for children as well as incapacitated, decrepit and unconscious persons has been made.