Rerikht A.A. Examples of abnormal patient’s treatment of their body and possible legal response to such actions

Abstract: Based on the comparative legal material this article examines the issues of legal obligation and possibility of application of other measures of influence in cases of patient’s (including athletes) abnormal treatment of their body, influences by parents in cases involving children – in making a decision on circumcision, blood transfusion; in cases involving athletes – in usage of doping. This work characterizes the legislation, doctrinal positions and legal precedent of Germany, Poland, and other countries. The author substantiates the need for further juridization of medical law and advancement of athletic law; offers examples of conflict situations and legal solutions, as well as examines the most pressing political legal factors that affect the criminalization or decriminalization of medical intervention into the physical integrity, citizens’ right to personal decision as a result of religious, ethnic, or other beliefs. A comparison is made of the bans and sanction for violations thereof; analysis is conducted on the requirements and recommendations recognized by the international community, as well as the possibility of using foreign experience in order to address similar issues in Russia.

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