Principų taikymas norminant sveikatos priežiūros sritį

Abstract

The article deals with problematic aspects concerning application of legal principles in the field of health care regulation. This field distinguishes itself in its dynamic evolution and complexity of social relationships. Until the breakthrough of achievements in biomedical sciences in mid last century, health care was primarily regulated by deontological norms. With the transition of health care to the field of mere economic activities, a legislative intervention became necessary. However, legal norms in healthcare, like in other fields, should be generated within a framework of fundamental principles and not ex tabula rasa. Contemporary health law doctrine lacks consensus on the guiding principles of health care legislation. The article examines the most discussed principles in terms of their content and hierarchy such as human dignity, integrity and inviolability of human body, personal autonomy and solidarity.