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Ethical Aspects of the Conscience Clause in Polish Medical Law

Author: Justyna Czekajewska
Institution: Poznań University of Medical Sciences, Poznań, Poland
ORCID: https://orcid.org/0000-0003-2833-8815
Year of publication: 2018
Source: Show
Pages: 206-220
DOI Address: https://doi.org/10.15804/kie.2018.04.13
PDF: kie/122/kie12213.pdf

In Polish medical law, the conscience clause is understood as both a moral and legal norm which gives consent to selected medical professions (doctors, nurses, midwives, and laboratory technicians) to withdraw certain activities due to ethical objections.
The explanation given for the conscience clause is not sufficient. There is no detailed information on the difference between compulsory and authorized benefits and the conditions for resignation from medical treatment. These problems not only lead to interpretational errors, but also to the abuse of law. Medical attorneys, among others, Andrzej Zoll, Mirosław Nesterowicz, Leszek Bosek and Eleonora Zielińska, present different opinions on the understanding of refusal to perform health care services by health care workers, and the lack of agreement leads to conflicts.
In this article, I compare the views of ethicists and lawyers on the conscience clause. I present differences in the interpretation of medical law, and to all considerations I add my own opinion.

Szablą, piórem i... stetoskopem! Gen. Stefan Hubicki w walce o granice Odrodzonej Rzeczypospolitej w latach 1918–1920

Author: Jacek Piotrowski
Institution: Uniwersytet Wrocławski
ORCID: https://orcid.org/0000-0001-5227-9945
Year of publication: 2021
Source: Show
Pages: 137-151
DOI Address: https://doi.org/10.15804/acno2021107
PDF: acno/10/acno202107.pdf

By sabre, pen and... stethoscope! Gen. Stefan Hubicki in the border war for Second Polish Republic in the years 1918–1920

The results of historical research sometimes need updating – especially if some valuable new historical resources turn up. This is often the case of 20th century history, where iconographic materials are important, which are being gradually submitted for publication by families. This way valuable information can be revealed about, for example, the hero of this article. Stefan Hubicki is an extremely interesting person – a soldier by choice, a publicist by temper, a doctor by profession. He was a versatilely gifted, openminded man, descended from a family of strong independence traditions. It was at the beginning of 20th century when he was imprisoned by tsarism for subversive activity. During the Great War in the Russian army and later in Polish military formations, he employed all his talents to the effort of rebuilding the independent Polish Republic. He was fighting as a soldier, then as a French intelligence agent in Bolshevik Russia, then working as a publicist and politician in Polish National Committee in Paris. Since spring 1919, back in Poland, in frontlines of border wars he helped soldiers as the chief of sanitary service. For his service he received the highest military medal of honour Virtuti Militari. In meantime his personal life rolled on in the background – highly complicated, because he was in danger of being convicted for bigamy. He was a colourful person, rising above the limitations of his era. Despite of his inconspicuous looks and average height he possessed a leadership charisma.

Zasady postępowania w praktyce lekarskiej

Author: Dorota Michalska-Sieniawska
Institution: Uniwersytet Humanistycznospołeczny SWPS w Warszawie
Year of publication: 2016
Source: Show
Pages: 105-115
DOI Address: https://doi.org/10.15804/tpn2016.1.05
PDF: tpn/10/tpn2016105.pdf

The incrising demand for regulating social relations which are becoming more complicated is an efect of developing civilization, including in it the level of protection of human rights in XXI century. Standarization is a synonym of the nowadys developing world economy. Apart of the legal rules there are other regulation systems like moral standards, ethical standards, deontological norms or customs. These regulation systems are the complementary systems to the law regulations. Their origin is the natural law. Deontological principles mostly are legally binding like planty of ethical standards in medicine. The reason of the legal power of ethics in medicine is libility for human life. Code of Medical Ethics is also the source of legal norms in medical law. The most important legal norm for medical practice is the doctor’s obligation to treat patients acording to the current medical knowledge. Besides doctors should conduct their practice in a socially acceptable way as working in a profession of public trust.

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