The Reflection of Human Rights in the Health System from the Angle of Patients’ Rights

Abstract

Ever since the drafting of the principles for the promotion and implementation of patients’ rights in European states member of the W.H.O., human values expressed in several intergovernmental instruments were reflected in health care systems. Given that patient rights are part of human rights and are intended to promote long-term patient autonomy, this article examines how human rights are respected from the angle of patient interaction with the health system. In the contemporary era, when the right to health is a human right and is based on its natural rights, European countries and the European Community have addressed the question of the rights of people who use health services. This article aims to present the reconsideration of the position of the patient in its interaction with the health system, which involves the statement and application of new rights and obligations. However, when exceptional limits are imposed on patients’ rights, they must be consistent with human rights instruments and have a legal basis in national laws. The limitations that may be imposed on patients’ rights, seen as individuals, may be subject to limitations or restrictions only when they are justified by a major interest, such as, for example, public health.