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Restrictions on a patient's right to self-determination in relation to hospitalisation for tuberculosis

14 December 2022

The subject of this article is a discussion of the issues related to the limitations on patient rights provided for in the legislation for the prevention and control of infectious diseases - in this case tuberculosis. These limitations stem from the treatment of public health as a merit at a higher level of protection, more significant than individual human rights. They are manifested in the specific obligations of patients in the case of tuberculosis, such as compulsory treatment and hospitalisation, and thus, despite the absence of consent or objection, compliance with the orders and prohibitions of the State Sanitary Inspectorate in the prevention and control of infectious diseases . In this article, I present the legal solutions limiting the patient's right to decide on treatment, to give consent or to object to health services related to the implementation of the tasks of tuberculosis prevention and control, thus limiting the patient's autonomy in relation to this disease and pointing out the problems arising in relation to the fulfilment of obligations in this regard.

http://www.phie.pl/pdf/phe-2010/phe-2010-3-369.pdf