Publication details
Postupy přírodních léčitelů ve světle práva
| Title in English | Procedures of the Natural Healers in the Light of Law |
|---|---|
| Authors | |
| Year of publication | 2016 |
| Type | Article in Periodical |
| Magazine / Source | Časopis zdravotnického práva a bioetiky |
| Citation | |
| Web | Postupy přírodních léčitelů ve světle práva |
| Field | Law sciences |
| Keywords | Natural Healing, Methods, Intellectual Property, Private Law |
| Description | The paper contains a detailed legal analysis of the methods concerning the effects on the health in the terms of natural healing and private law. Substantial attention is paid to the difference between the natural healing and health services in the market under the Czech law. The part of the paper is dealing with the issue of evidence of efficacy and safety, as well as the relations to the public health insurance. The article concerns the legal issues of the civil and medical law and includes a number of specific proposals de lege ferenda. The author analyzes in detail the legal question of the appropriate professional level of medical services (lege artis medicinae) by the recent Czech health care law also in the comparison with the proper professional care under the Czech Civil Code of 2012. The details of the history of intellectual property rights relating to the legal protection of the medical methods in the past and present are also featured in this contribution. The article also contains a number of real examples of the using of various methods. The proposals for changes in the laws or regulations are affecting the health care law, the health insurance law, commercial law and educational law including the professional and further educational training. The author also critically examines some interrelated issues concerning the ideology and the world-view. In this regard it must be based on the constitutional prohibition of bounding of the state by the exclusive ideology or religion. The author concludes that natural healing belongs to the normal services in the Czech market and globally, too. The natural healing is usually associated with the traditional western or eastern medicine. |