Eksperyment medyczny w świetle art. 39 Konstytucji RP

Abstract

This article focuses on the subject matter of Article 39 of the Constitution of the Republic of Poland. This provision states that no one shall be subjected to scientific experimentation, including medical experimentation, without his or her voluntary consent. There are conflicting views expressed in the literature regarding the meaning of a medical experiment. It is necessary to decide whether the Constitution applies to both therapeutic and research experiments or research experiments only. The meaning of the term ‘medical experiment’ is examined against a wide background, and methods of linguistic, teleological and systemic interpretation are used. To the extent necessary, relevant international law is cited. As a result of the analysis, the conclusion is drawn that Article 39 of the Constitution does not apply to therapeutic experiments. The provision is interpreted inconsistently and creates problems in application. The conclusion is that it is necessary to consider amending the Constitution where medical experiments are concerned.