Limitations of Patient’s Right to Self-Determination Due to Hospitalization for Tuberculosis

Abstract

The subject of the article is a discussion of issues related to the limitation of patients’ rights provided for in the law in the prevention and control of one of the infectious diseases – tuberculosis. The above restrictions result from the treatment of public health as a merit of higher protection than individual human rights. They are manifested in specific responsibilities of patients suffering from tuberculosis such as forced treatment and hospitalization and, therefore, despite the lack of consent or against the objection, in compliance with the injunctions and prohibitions of the State Sanitary Inspection prevents and combats infectious diseases. In this article, I present legal solutions limiting the patient’s right to decide on treatment, consent or objection to health services related to the implementation of tuberculosis prevention and control tasks, thus limiting the patient’s autonomy in relation to this disease. Moreover, I point to the problems arising in connection with the fulfilment of obligations in this respect.