Novelties in regulation and realization of human rights in healthcare – possibilities of the Law on the protection of patients’ rights Cover Image

Новини во регулирањето и реализацијата на човековите права во здравствената заштита - можности на Законот за заштита на правата на пациентите
Novelties in regulation and realization of human rights in healthcare – possibilities of the Law on the protection of patients’ rights

Author(s): Filip Gerovski
Subject(s): Civil Law, Human Rights and Humanitarian Law, Health and medicine and law, Sociology of Law
Published by: Филозофскиот факултет во Скопје
Keywords: Law; patients rights; guide; informed consent; counselor; commission; second expert opinion;

Summary/Abstract: The aim of this review is to present the Law on the Protection of Patients’ Rights, its novelties and solutions that are offered, as well as the problem that may arise in its implementation and the significance of this law in general. In the past few years, the health sector and the healthcare system are a very popular topic and have been constantly criticized. With adopting the Law on the Protection of Patients’ Rights in 2008 Macedonia made a big step forward in promotion and protection of people’s health and the protection of the human rights in healthcare which we all have as patients or potential users of health services. Having in mind that in the past patients’ rights were regulated with a number of different laws, this law provides for a systematic view of not only rights, but also the responsibilities that patients have, and also provides for new mechanisms for protection of the rights. Some of the novelties in this law include the Counselor for protection of patients’ rights, Commissions for promotion of patients’ rights on a local and national level, use of informed consent, as well as guarantied second expert opinion free of charge. Also, this law provides for a mechanism of extrajudicial settlement of problems and disputes that arise between the patients and healthcare providers. At the end, one part of this review is dedicated to the compliance of this law with relevant international acts that are directly or indirectly regulating this matter. Sources used for this review are the Law on the Protection of Patients’ Rights and the „Human Rights in Healthcare - Practitioners Guide“, that is prepared on the initiative and financial support of the OSI Law and Health Initiative in cooperation with Foundation Open Society Institute Macedonia, CRPRC Studiorum and the Association for Emancipation, Solidarity and Equality of Women in RM- ESE.

  • Issue Year: 2010
  • Issue No: 5
  • Page Range: 485-491
  • Page Count: 7
  • Language: Macedonian