Prawo pacjenta do opieki duszpasterskiej – wybrane problemy praktyczne
Patient’s right to pastoral care: Selected practical problems

Summary/Abstract: The present article examines the patient’s right to pastoral care. The subject matter is of particular importance given the changes taking place in Polish society as well as migration (including from cultural circles different from Polish) and the growing awareness of patients of their rights. An additional argument in favour of exploring this topic is the complexity of the legal regulation that requires the interpreter to reach out to various branches of private law (civil law, family law, legal instrument for the protection of patient rights) and public law (constitutional framework of freedom of conscience and religion, organisation of health services). This paper employs a dogmatic-legal method supported by an analysis of Polish court jurisprudence.The aim of this article is to discuss the pastoral care issue by addressing practical problems in the application of the law. Hence, the paper addresses questions related to the implementation of the patient’s right in a manner that ensures respect for his or her will, including the issue of the legal position of a minor and an unconscious patient. The situation of patients who follow religions other than the dominant religion in the Republic of Poland is also analysed. Specific issues related to the role of limitations on judicial and administrative execution as a guarantee of realisation of a right in question or the obligation of the healthcare institution to bear the costs of pastoral care are also addressed.This article provides conclusions mainly concerning the application of the law in relation to the entities who are obliged and entitled to realise the patient’s right to pastoral care. The foundation for effective realisation of rights in this area is the information about a given right and the manner of its exercise. Undoubtedly, regarding the protection of the autonomy of the patient’s will, the non-discrimination of religious minorities, or the principle of incurring costs related to the realisation of this right by the treatment entity, the Polish legal system remains in line with the European standard for the protection of patient rights.

• Details
• Contents