Studia Prawnicze. Rozprawy i Materiały / Studies in Law: Research Papers

The significance of scientific research in medicine gained particular prominence in the late 1980s and early 1990s. Since this period, the concept known as evidence-based medicine has been effectively recognized. Medicine, for its development, requires new facts that come directly from the results of experimental activities by their nature and essence. It should be noted that at least some medical actions, especially in the area of rare diseases, can be both treatment and experimentation. Simultaneously, under the provisions of the Constitution of the Republic of Poland, it has not been and is not clear whether an experiment requiring consent also includes therapeutic trials. This situation has sparked discussions and necessitated changes in the law, particularly in the medical law. Rational law, especially in ethically complex matters, is indispensable, and the issue of medical experiments as a legal matter is a particular subject of regulation. Regardless of the current characterization of the subject's consent to participate in an experiment, uncertainty about the course and results is inherent. The regulatory environment of medical experiments will require further analysis.

There is no legal consensus on how to ensure the protection of patients' rights in the face of medical artificial intelligence (Al). This paper examines the legal frameworks governing informed consent, including international conventions and Polish legislation, and their applicability to Al-assisted medical decisions. The discussion highlights challenges in ensuring transparency, patient understanding, and the ethical implications of Al's role in clinical decision-making. The paper further explores whether patients should be informed of Al involvement in their treatment and whether they should have the right to refuse Al-based medical services. The findings suggest that while Al can enhance healthcare delivery, maintaining trust and respecting patient autonomy require clear legal and ethical guidelines regarding Al's role in medical decision-making.

This study examines the relationship between two structural plagues of the twenty-first century: excessive debt and depression. According to research, there is a close relationship between insolvency and depression. The study analyzes - in the light of Polish law - the issue of a person suffering from depression in the context of bankruptcy proceedings, bankruptcy proceedings after bankruptcy is announced, and establishing a repayment plan and debt relief. The work was created based on the formal-dogmatic method, my own legal practice, and an interview. The research results show that, on the one hand, participants in bankruptcy proceedings abuse the argument of mental health dysfunction. On the other hand, the problem of depression is generally not taken into account in the practice of bankruptcy courts. The conclusion of the considerations is the need to conduct an information campaign addressed to bankruptcy proceedings authorities

The general public tends to associate the profession of pharmacist almost automatically with a pharmacy, especially a public one. Furthermore, in common speech, the terms 'pharmacist' and 'chemist' are used interchangeably. However, issues related to the profession of pharmacist are much more complex, both in terms of the professional activities themselves and the forms and places where these activities can be performed. The article provides a critical reflection on the potential for pharmacists to undertake specific professional activities beyond the conventional pharmacy or pharmaceutical wholesaler framework.

On 1 January 2025, an amendment to the Code of Medical Ethics (KEL) came into force, introducing changes to the issue of advertising and the use by doctors and dentists of information about the services they offer, including in social media. This article provides an overview of the main issues related to advertising in the context of medical and dental practice, focusing on legal and ethical aspects. The analysis concerns both the current legal status (national law and EU directives) and the changes that have occurred in selected documents of Polish medical deontology throughout history. The article also presents the results of a survey of doctors' opinions on the amendment of the KEL in relation to the removal of the direct ban on advertising and the possibility of doctors' statements in social media.

Genome and epigenome editing technologies have been hailed as the most revolutionary discoveries in the natural and medical sciences. These achievements were confirmed by the 2020 Nobel Prize in chemistry. In contrast to genome editing, epigenetic regulation involves controlling the particular expression of a gene by modifying chromatin components without altering the genome nucleotide sequence. Despite many promising results and applications, the effects of epigenome editing interventions are not fully known. For example, potential irrevocable and transgenerational events are possible and might be heritable. Other concerns include the risk of using or misusing this technology in agriculture and, the military as well as using it with or without other treatments to alter human health and body.

Despite ongoing debate and studies on human genome editing, especially germline, the discussion regarding human rights and the ethics of epigenome editing for different applications is at a relatively early stage and therefore sparse. Furthermore, in the context of possible infringements on human dignity and integrity, critical consideration is warranted as to whether the uses of these technologies are acceptable or should be banned in some countries.

The first part of this article presents a short review of the epigenome versus genome editing field. Particular emphasis is placed on epigenome editing advances and threats, to draw open questions in epigenetic human rights status and regulation. The second part presents the analyses of international human rights law with other possible normative law acts that can influence the status of epigenome editing technologies, mostly in Europe. Their strengths and limitations are highlighted, to present raised open questions and gaps in the last part. The normative question is whether the existing international law regulations are sufficient to address a wide number of implications and to protect human rights in the face of this emerging technology. Furthermore, some gaps and flaws are pointed out in current regulation policy, as regards epigenetic editing. Accordingly, this study aims to present further guidance and questions by exploring the implications of the human rights framework for research and the application of epigenome editing. This article then lays down the landscape in the possible approaches of genome editing under human rights law – and argues that new regulations or updated international standards are needed, in combination with the institutional framework. Lastly, the concluding section situates this study's findings within the relevant epigenome editing context.

Occupational exposure is directly related to the right of people performing medical professions to refuse to perform dangerous work. There is a formal connection here, in accordance with the principle of detail, with the regulations of the acts concerning individual medical professions.

The problem lies in the scope of excluding the right to refuse to perform dangerous work of medical personnel, i.e. in such occupational exposure, in conditions of which one already risks one's own life and health, 'sacrificing' oneself, despite the fact that the obligation to save the patient's life may still seem relevant even in conditions that violate basic occupational health and safety regulations and principles.

The interpretation of the case law, as well as the doctrinal interpretation, tends to relativize the obligation to save the life and health of another person (patient) in a situation of direct, imminent threat to the life and health of a person performing a medical profession. This is correct reasoning, although at the same time it requires the development of directional procedures, assessment methods or specific guidelines.

The use of artificial intelligence in healthcare offers unprecedented opportunities of development in diagnostics and treatment. AI's ability to aggregate and analyze large datasets significantly improves diagnostic accuracy and predictive capabilities, yet raises concerns about patient autonomy, data privacy, and equitable access. The 'black box' problem and the risk of potential errors in diagnosis or treatment further complicate AI usage in medical practice. Existing regulations, such as the EU AI Act, provide foundational governance but require refinement to address specific challenges of healthcare. This study advocates for harmonized international standards, robust data protection frameworks. A new patients' right to human-provided healthcare is also proposed.

Obstetric violence is a recurring problem that affects many women all over the world. Obstetric violence is any action or omission directed at a woman during prenatal care, childbirth or the puerperium, which ends up causing unnecessary pain or suffering to the pregnant woman. These acts include acts carried out without her clear consent, demonstrating a violation of her autonomy, physical and mental integrity. The purpose of this paper is to analyze obstetric violence and its correlation with the 1979 Convention on the Elimination of All Forms of Discrimination against Women. The major problem regarding obstetric violence stems from the lack of specific provisions on this type of violence, even in the 1979 Convention, which aimed to protect women in a broad context. There is a gap in this international treaty regarding this type of abuse, with no clear definition on this topic. It is important to emphasize that there are several variables to be considered, one of which is social inequality itself, in which women in precarious income conditions are more likely to be victims of obstetric violence, given the discrepancy between the public and private health systems. Furthermore, the rates of occurrence of this phenomenon vary from country to country, as does the legislation on the subject. As this is a serious violation of fundamental rights, especially public health and human dignity, the Convention on the Elimination of All Forms of Discrimination against Women will be analyzed in the context of obstetric violence. In this scenario, the article will have the following specific objectives: a) to define obstetric violence; b) to analyze the International Convention; c) to point out the importance of defining and characterizing this phenomenon at international level. For this purpose, the methodology used in this work is deductive, making use of qualitative research, with documentary and descriptive analysis. Therefore, there will be a reflection on the possible presentation of a proposal to update the international treaty to resolve these gaps, naming and characterizing obstetric violence correctly, as it is an extremely important issue for the protection of women's sexual and reproductive rights.

The article entitled Compensatory liability for so-called hospital infections presents the statutory definition of a hospital infection, refers to relevant statistical data and analyzes part of the doctrine and case law. The author focuses his considerations on the foundations of civil (compensatory) liability for hospital infections, referring to art. 415, 416 and 430 of the Civil Code. Drawing attention to such aspects as the regimes of contractual and tortious liability, causal connection, presumptions and anonymous (nameless) guilt, he discusses the subject matter of the article.

The article addresses the issue of the birth plan against on the base of applicable standards of perinatal care and patient rights in Poland. The authors analyzed the civil aspect of the title issue with particular attention - they discussed the issue of informed consent and the declaration of will made by women giving birth. The authors - mothers also intended the article to be of a popularizing nature, hence its content includes links to the websites of non-governmental organizations specializing in the title issues, as well as public institutions dealing with the protection of patients' rights.

The purpose of this article is to present the path of development of implants, once used exclusively for medical purposes and now widespread in non-medical aspects. The inadequacy of previous efforts to combat health problems has forced the search for new, more effective methods, and these have emerged with the development of technology. As a result, implants were created using the existing correlation between computing and communication, which at the same time initiated research into devices inserted into the body to enrich its capabilities. This, in turn, raises a number of difficulties on various levels of life, so an analysis of possible potential risks has been made. Undoubtedly, it is obligatory to implement a number of changes in relation to the new solutions. An attempt was also made to answer the question of whether the non-medical use of ITC implants should be prohibited by law?

The patient's right to information is one of the fundamental rights in the healthcare system. Undoubtedly, in the era of technological advancement, ensuring patient access to medical data takes on a new dimension. Electronic medical documentation serves as a tool designed to facilitate access to medical records. Does electronic medical documentation truly enhance the patient's right to obtain information about their health status, or does it, in certain aspects, impose limitations? This article provides a comprehensive analysis of these issues starting with an explanation of key concepts, such as the patient's right to information, medical documentation, and electronic medical documentation, and concluding with an examination of the benefits of maintaining and processing medical records in digital form. It also explores the main obstacles to utilizing this 'convenience,' thereby encouraging reflection on the future of electronic medical documentation and its impact on patients' rights.

The following paper zooms in on the recently adopted legal acts aiming to tighten control over foreign influences on Georgia's NGOs' and media companies. Adopting a relevant bill caused mass protests and riots and gave arguments in favour of the thesis that Georgia follows the Russian course towards authoritarian control over pluralistic society. Thus, the paper aims to compare the legal basis related to 'foreign agents' in both states. In Russia, this issue has been regulated since 2012 and consecutive reforms have broadened the number of subjects affected by the 'foreign agents' laws and restrictions. The paper argues that the Georgian bill is less extensive and less repressive than its Russian counterparts. Nevertheless, it should be noted that application of this law may result in human rights violations, i.e. the right to association, the right to privacy and in politically motivated discriminatory practices.

Children missing as a result of parental kidnapping are a special group of missing children. Very often services and institutions refuse to provide assistance with the search, because parental kidnapping in Poland is not a crime. Parental kidnapping is treated as a form of family internal conflict that should be resolved without involving additional services. In addition, there is a common belief that a child staying with one of their parents is safe by definition. The reality, however, often ruthlessly verifies the imagination. It all makes children vulnerable, especially in high conflicted custody cases, when they are often used as a bargaining chip. The article discusses the problem of parental kidnapping cases in Polish law with particular reference to the principle of the child's welfare. It presents the differences between parental kidnapping and parental abduction. The latter is a crime under Article 211 of the Penal Code. The question is, whether the parent whose parental authority has not been limited, suspended or who has not been deprived of it may become the offender in regard to the criminal offence from Article 211. However, above all, taking up the subject of parental kidnapping and parental abduction cases, this is not about deciding which of the parents is right. The overriding goal is to help the child whose right to be with their parent has been unlawfully taken away, and bring about the legal regulation of the child's relationship with both parents. In the paper the remedies and procedures against parental kidnapping and parental abduction are presented, with particular emphasis on family mediation. One of the key conclusions is that both parental kidnapping and parental abduction are always a form of the abuse of parental authority, or even more broadly - parental responsibility. Under no circumstances this 'authority' can be used in a way that is detrimental to the child's welfare.

The right to a court in both criminal cases and misdemeanors constitutes a fundamental guarantee of individual rights protection, derived from Article 45(1) of the Constitution of the Republic of Poland and Article 6 of the European Convention on Human Rights. The author, starting from the constitutional standard of the right to a court in misdemeanor proceedings as a determinant of a fair criminal trial (as interpreted in constitutional law doctrine and the case law of the Constitutional Tribunal), outlines the significance of the issue and characterizes the existing model of misdemeanor proceedings. This is examined from the perspective of both the individual held accountable before the court and the person accepting a fine for a committed misdemeanor. Through an analysis of statistical data, the author considers the transfer of certain categories of misdemeanors to administrative authorities, which could reduce the number of court cases and shorten proceedings, while ensuring effective and procedural oversight of administrative decisions and maintaining the constitutional standard of the right to a court.

This article examines the figure of the lawyer in literature, exploring how law and its representatives function within literary narratives. It argues that law is not merely a plot motif but a structural force that organizes the presented reality. The analysis encompasses both traditional portrayals of lawyers as guardians of norms and interpreters of law, as well as their deconstructions, in which law becomes a mechanism of oppression, chaos, or an impenetrable bureaucratic labyrinth. The study is based on the interpretation of selected works of dystopian literature (1984 by George Orwell, A Clockwork Orange and 1985 by Anthony Burgess), allegorical literature (Lord of the Flies by William Golding), and existentialist fiction (The Trial, The Castle by Franz Kafka). In each of these visions, lawyers cease to function as active participants in the legal system, while law itself loses its role as an instrument of justice. This analysis demonstrates that literature not only portrays law but also challenges and tests.