Publication details

Legislatívne zakotvenie hospicovej a paliatívnej starostlivosti v ČR a SR a niekoľko poznámok k úprave v Nemecku a Rakúsku

Title in English Legislative Framework of Hospice and Palliative Care in the Czech and Slovak Republic and some remarks regarding the legal regulation in Germany and Austria


Year of publication 2015
Type Article in Periodical
Magazine / Source Časopis zdravotnického práva a bioetiky
MU Faculty or unit

Faculty of Law

Field Law sciences
Keywords palliative care; legislation; Czech Republic; Slovak Republic; Germany; Austria; hospice care
Description The development of palliative care in former Czechoslovakia can be noticed only after the year 1989. The first hospice in the territory of the Czech Republic was founded in 1995, in the Slovak Republic in 2002. This delay of development, caused by historical events, is also reflected in the legislation regulating the given area. Regulation on international and constitutional level in both countries is essentially the same. Both Czech and Slovak Republic declare their support of the protection of human rights and freedoms, as well as protection of health. However provision of palliative care, although a part of health protection, is in reality often perceived as marginal and therefore neglected. Demand for palliative care, especially due to the demographic perspectives of the two countries, will most probably rise, and therefore addressing the legal aspects of this fact is most definitely in place. Palliative care in general closely connects both health and social care sectors of a society, but the actual cooperation between these sectors in the Czech Republic and the Slovak Republic is far from ideal. The current international regulation is ineffective, which is caused mainly by its specific nature, while the national regulation is fragmented, confusing and incomplete. This fact allows for the emergence of problems in everyday practice. The orientation in the related regulation is not easy even for a legal professional. Considering the fact that the majority of health professionals working in the area of providing palliative care are laymen, their orientation therein is virtually impossible. The aim of this article is to provide a basic overview of the relevant legislation in the Czech Republic with a couple of remarks regarding the legal regulation in Germany and Austria.

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