Study:	Civil Law - 9. semester Commercial Law - 9. semester Constitutional-Administrative - 9. semester Criminal Law - 9. semester International Law - 9. semester The European Union Law - 9. semester
Code:	61342
ECTS:	4.0
Course coordinators:	izv. prof. dr. sc. Sunčana Roksandić prof. dr. sc. Ksenija Turković
Lecturers:	izv. prof. dr. sc. Aleksandar Maršavelski - Lectures
Exam dates:	10. 06. 2024. 24. 06. 2024. 08. 07. 2024. 26. 08. 2024. 09. 09. 2024. Exam registration: Studomat

Literature:

Ksenija Turković, Sunčana Roksandić Vidlička, Aleksandar Maršavelski et al.; HRESTOMATIJA HRVATSKOG MEDICINSKOG PRAVA; Pravni fakultet Sveučilišta u Zagrebu (2015), str. izabrana poglavlja

Optional literature:

Christian W. McMillen; Pandemics: A Very Short Introduction; Oxford University Press (2016), str. izabrana poglavlja

Description:

The course deals with all aspects of medical law, from the organization of health care, through the role, rights and obligations of health workers, their responsibilities (civil, criminal, disciplinary and misdemeanor). The course begins with an overview of the Croatian health system and its constitutional and legislative framework. Emphasis is placed on the concepts of medical ethics, patients' rights and efficiency and safety in health care, including responses of health sector to COVID-19. Particular topics which are covered include: confidentiality, informed consent, medical malpractice, modes of liability, expert evidence, medical research and experimentation, organ donation and transplantation, emergency situations, intensive care, abortion, use of pharmaceuticals and new medical technologies, nanomedicine and biotechnology regulation, stem cells and medical research, new reproductive technologies, and death and dying treatment of persons with mental disabilities, prevention of infectious diseases etc. While dealing with different topics, the main task of this course is to understand the complexity of medical law.

Cognitive Skills:

KNOWLEDGE AND UNDERSTANDING

After successfully mastering the course students will be able to:

• comprehend and explain basic terminology of the institutional framework of medical law in the Republic of Croatia, and within the EU and other countries when applicable. Likewise on international level (applicable legal acts, scope of regulation, minimal characteristics and sanctions of crimes and legal regulation, case law of ECtHR); understand moral issues and (bio)ethical theories and biomedical ethics;
• differentiate moral issues in the field of medical law and protection of human rights;
• identify the impact of medical law theories and the development of human rights in the creation of legal norms in the field of medical law
• critically evaluate and recognize the importance of respecting of the principles of medical law and the role of subjects and objects that occur in medical law;
• define specificities of national systems in the field of medical law and human rights in regard to medical law; define and differentiate medical law issues (responses to COVID-19, induced coma, passive and active euthanasia, abortion, assisted reproduction, usage of embryonal stem cells, cloning, DNA analysis and diseases, human experimentation, animal experiments, organ transplantation, persons with mental disorders and their forced and voluntary hospitalization, ethical issues and genetic diseases, AIDS and the global spread of infectious diseases, reform of the health system and its impact on individual human rights, legal protection of economic, social and cultural rights of individuals at national, regional and international level);
• group the structure of medical law and identify important characteristics of medical law issues, and extract their specificities
• extract frequent violations of human rights in the field of medical law and differentiate the liability of individuals from the liability of service providers.

APPLICATION

After successfully mastering the course students will be able to:

• interpret terminology of medical law and human rights in accordance with current methods of interpretation; interpret rules of medical law and human rights;
• demonstrate correlation and connection of legal norms and ethics in medical law, and illustrate the connectivity of national and EU legislation, as well as international and European treaties regarding regulation of this field;
• apply acquired knowledge in the field of medical law and human rights in practice;
• use and correctly interpret rules in the field of medical law and human rights.

 

ANALYSIS

After successfully mastering the course students will be able to:

• analyze the relations between UN, Council of Europe and the EU, the Republic of Croatia and other countries, as well as interconnection of legal instruments and their impact on the development of rules of medical law and human rights in Croatia;
• analyze existing rules of medical law and human rights, as well as corresponding (national and ECtHR) case law in the field;
• examine the compatibility of medical law and human rights rules with the principles of criminal law in general and international treaties
• compare the state of medical law and human rights in Croatian legal system with the appropriate systems of other countries, and examine its compliance with the law of Council of Europe, the European Union law and international law (primarily the UN treaties);
• differentiate different mechanisms of legal protection and regulation of medical law issues;
• reexamine the level and extent of realization of medical law principles and the principles of human right in the regulation of medical law;
• differentiate inadequate standards and propose amendments and improvements to the regulation of medical law at the national and international level;
• examine and categorize the acquired knowledge in the field of medical law and human rights and their application in legal practice.

 

SYNTHESIS

After successfully mastering the course students will be able to:

• propose necessary amendments to criminal, civil and administrative legislation in the field of medical law and human rights;
• formulate the basic features, advantages and disadvantages of the legal and judicial policy in this field and propose solutions for improving these systems;
• build a methodological system to produce written assignments the area of ​​medical law and human rights;
• design the drafting protocol of written and oral presentations, formulate appropriate hypotheses or research questions and structure written and oral presentation concepts with literature templates.

 

EVALUATION

After successfully mastering the course students will be able to:

• reexamine the methods of regulation connected to medical law and human rights;
• asses the quality, sustainability and evaluate the quality, sustainability and feasibility of the implementation of national legislation when it comes to the regulation of medical law and human rights; the quality, sustainability and feasibility of statutory and theoretical institutes of medical law and human rights in practice;
• select further study of individual segments of medical law and human rights; and assess the most interesting areas for further specialization;
• evaluate the existing solutions of medical law issues in law, their compliance, with other legal norms, especially with the Croatian Constitution and the provisions of European and international law governing the field of medical law.

Practical and Generic Skills:

After successfully mastering the course students will be able to:

• publicly present the acquired knowledge and introduce learning outcomes, as well as take part in discussions regarding the medical law issues;
• express themselves legally precise and clear with an appropriate level of argumentation in regard to their own thesis;
• conduct independent research of legislation and practices of European and national systems in the field of medical law and human rights;
• improve communication and analytical skills and acquired knowledge;
• participate in team work while solving hypothetical and practical problems in the field of medical law;
• work in practice, which requires knowledge of the norms of medical law and human rights.

Matching Assessments to Learning Outcomes:

1. Problem tasks to verify the learning outcomes - application of acquired knowledge to specific cases;
2. Preparation of written student papers (essays) to check the learning outcomes - synthesis and evaluation in order to prepare presentation of their own research;
3. Assessment will be carried out during class with the appropriate learning outcome with the written assignment and oral examination. Preformed activities obtained during the semester will be taken into account in the formulation of the final assessment, and evaluation criteria are all learning outcomes and demonstrated knowledge and understanding of medical law and human rights, the ability to apply rules to the hypothetical and real cases from the judicial practice, the ability toanalyze and synthesize knowledge acquired during classes. Oral presentations of own research and taking part in discussions is required.

Consultations schedule:

• izv. prof. dr. sc. Sunčana Roksandić:

  Thursday at 9 a.m. Due to extraordinary cirumstances, available online: suncana.roksandic@pravo.hr

  Location: Ćirilometodska 4, room Ćirilometodska 4, soba 54
• izv. prof. dr. sc. Aleksandar Maršavelski:

  Monday at 18:30h at Gundulićeva 10, Room no. 12 (1st floor). Please send a prior notification by e-mail.

  Location: Gundulićeva 10, room 12