Niektóre zagadnienia ochrony zdrowia na tle Konwencji bioetycznej i polskiego prawa medycznego
Selected Issues of Health Protection versus the Bioethical Convention and Polish Medical Law

Summary/Abstract: The issues of a person’s right to health protection are regulated in numerous legislative acts. That right is provided for by the Constitution of Poland, as well as numerous international and Community laws and legislative acts. Article 68 of Polish constitutional law shows that the legislation assumes an institutional-redistributive model of social policy. One of the primary international acts concerning a person’s right to health protection and the protection itself is the Bioethical Convention, approved by the Committee of Ministers of the Council of Europe in November 1997 and put forward for signing on April 4, 1997. This act has not yet been ratified by Poland. The reasons for that are mainly ideological. The paper discusses the problems resulting from Poland’s failing to ratify the Convention. It is also emphasized that there is much to be desired with respect to internal detailed regulations on the guaranteed benefits, the definition of procedures to provide the same, the medical criteria to be applied by benefit providers while entering benefit users on the lists of those awaiting treatment, and health priorities. The outcome is that although the constitutional provisions are correct the right to health protection in Poland is far from sufficiently guaranteed.

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