Uwagi co do zgodności z Konstytucją obecnych rozwiązań ustawowych odnośnie do możliwości powołania się przez lekarza na klauzulę sumienia
The paper deals compliance with the Constitution of the present, whether statutory solution through the creation of a doctor, based on his referring t

Summary/Abstract: The subject of the article is the analysis of the legal state connected with the right of the doctor to refuse to provide a medical service, based on his referring to the conscience clause. Many views were discussed in the range of this subject. Described herein were the conditions, which must be fulfilled by the doctor to have the right to refer to the conscience clause. The regulations of the law were analysed in detail, particularly the law concerning the profession of the doctor. The problematic aspects of the conformity of the acts with the Constitution were also brought up. At the beginning the international law regulations concerning the freedom of conscience and religion were introduced. Moreover, the previous judicial decisions of the Constitutional Tribunal in such cases , the opinion of the Committee of Bioethics from the Polish Academy of Sciences from 12.11.2013 and different opinions of Supreme Medical Council were also discussed. Furthermore, the possibilities of new legal solutions in this field were also described. The article introduced the postulates and suggestions which aim to solve the conflicts in the range of signing contracts between the National Health Service and the recipients. The contracts should on the one hand include the records protecting the doctor`s conscience and on the other hand the patient’s right to obtain the service or the list of doctors who do not provide some services, maintaining the constitutional rules relating to the conscience and religion clause.

• Details
• Contents