Teisės principų taikymas norminant sveikatos priežiūros sritį.

Abstract

The article deals with problematic aspects concerning ap¬plication 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 tabu la rasa. Contemporary health law doctrine lacks consensus on the guiding principles of health care legislation. The article examines the most discussed princip les in terms of their content and hierarchy such as human dignity, integrity and inviolability of human body, personai autonomy and solidarity. Since the purpose oflaw is to resolve or at least to mitigate arising controversies with the help of logical procedures, law should be based on the princip les and their respective interpretation which are found in constitutional values, fabric of law and legal traditions. The interpretation of the principle ofhuman dignity and the principle of integrity and inviolability of human body appears to be considerably inf1uenced by subjective perception of human dignity which originates from common law tradition and philosophy. Common law principle of personai autonomy has gained wide recognition as a guiding principle of health law, though it is irrelevant in numerous fields of health care. An over-estimation of personai autonomy as a guiding principle and a substitution of the ontological conception of human dignity for liberalsubjective one appear to contribute to fragmentation of the fabric oflaw. The pure European legal princip le of solidarity could be seen as an effectiv .