| Abstract [eng] |
The present master’s work primarily deals with the analysis of the comparative aspects of the protection of the person’s right to the bodily inviolability and integrity in different law systems – the Republic of Lithuania and the United Kingdom. Moreover, the aim of the present research is to analyse when and how the person’s right to the bodily inviolability and integrity is protected. It should be noted that the primary protection method of this right is prohibition to perform any medical intervention without the patient’s valid consent. The physician, like others, is not allowed to treat or even touch a patient without the patient’s valid consent. Any medical intervention without the patient’s valid consent is considered unlawful, unless it falls within very few exceptions. Therefore this master’s work deals mostly with analyse of the importance of consent to the medical and scientific examinations and research, the elements of the consent and the exceptions from general principal. There are three essential elements of the consent to the treatment – disclosure of the relevant information, capacity and voluntaries. As one aspect of the persons autonomy, the right to withdraw the treatment is also analyse in this master‘s work. Since the right to the bodily inviolability and integrity is not absolute one, this master’s work also deals with situations when the consent to medical interventions is not necessary and the patient could be treated without consent. |
