Nr. |
Chapter |
Page. |
|
Introduction |
5 |
I. |
The Development of Patient Rights and Right to Medical Privacy |
8 |
1. |
The History of Human Rights |
8 |
|
A.Human Rights Before the WWII |
8 |
|
B.History of Human Rights After the WWII |
10 |
|
a. Universal Declaration of Human Rights |
10 |
|
b. European Convention on Human Rights |
11 |
2. |
Right to Privacy in the Theory and Case Law |
14 |
3. |
Right to Privacy in the Context of Medicine |
16 |
|
A.The Development of Patient Rights |
16 |
|
B.World Health Organization |
17 |
|
C.WHO Patient Right Study (1983 – 1989) |
19 |
|
D.The Results of the World Health Organization’s Studies |
20 |
4. |
The Relationship between the Doctor and the Patient |
21 |
|
B.Communication of Medical Data |
22 |
5. |
Privacy of Medical Data |
23 |
1. |
Right to Privacy in the Context of Medical Care in Latvia |
28 |
2. |
Derogations from Confidentiality of Medical Data |
29 |
|
A. Public Health and Rights of Other People |
30 |
|
a.Court Proceedings |
32 |
|
b.Other Public Procedures |
33 |
3. |
The Principle of Proportionality |
34 |
4. |
The Analysis of Sample Case |
36 |
|
A. Facts |
36 |
|
B. Was there a Breach of Right to Privacy? |
37 |
|
a. Tuberculosis |
38 |
|
b. “In accordance with the law” |
39 |
|
c. “Legitimate Aim” |
40 |
|
d. “Necessary in a democratic society” |
40 |
5. |
Other Violations of Patient Rights in Latvia |
44 |
|
B.Hospitals |
47 |
|
A.Draft Law on Patient Rights |
50 |
|
a.Confidentiality of Medical Data |
52 |
|
b.Derogations from Right to Medical Privacy |
53 |
|
c.Medical Research |
54 |
|
d.Mandatory Insurance of Health Professionals |
55 |
|
e.Professional Conduct Codes |
55 |
|
f.Ombudsmen |
56 |
|
g.Sanctions for Violations of Medical Privacy |
57 |
|
Conclusion |
58 |