CYIL vol. 13 (2022)

CYIL 13 ȍ2022Ȏ “INTERFERENCE WITH A MINOR’S PHYSICAL INTEGRITY: CZECH CASES … of hard cases dealing with conflicts between healthcare workers (healthcare providers) and patients (patients next of kind and/or legal guardians) that have arisen from a different cultural or religious perspectives.

1. Accommodating different cultural and religious perspectives in the Czech healthcare sector

As the accommodation of needs emerging from a different cultural or religious background 9 in the healthcare regards, though Czech law vaguely guaranties respect to every patient, being treated with dignity, courtesy, and respect for privacy whilst being provided with healthcare services, in accordance with the nature of healthcare services. 10 Further, there is a right to receive a pastoral care and spiritual support from churches and religious communities registered in the Czech Republic or from persons involved in religious activities within the medical facilities in accordance with the internal rules and in a manner which does not infringe the rights other patients with regard to the health of the patient. 11 Besides that, there is a right to have a translator in case the patients is not able to use Czech or Slovak language at a sufficient level, 12 yet there is no duty on the side of healthcare provider to provide the patient with such a service or overtake the cost of it. Last but not least, in order to protect individuals’ inner integrity and personal values, the Czech law, similar to other legislation, has recognised a conscientious objection, which can nowadays be applied both in favour of the healthcare workers (and to some limited extend also of healthcare providers as legal entities) and the patients (or their legal guardian, typically parents in case of minor patients). According to S. 50 Para 2 of the Act on Healthcare Services, under specific conditions, a healthcare worker has a right to refuse to provide healthcare services if it would collide with the healthcare worker’s conscience or religious beliefs. The right of a conscientious objector to refuse a treatment which is otherwise mandatory for everyone, such as the childhood vaccination in the Czech Republic, has not been explicitly written down in Czech law, however, it has been acknowledged by the Czech Constitutional Court. 13 Nevertheless, unlike the legislation for instance in New Jersey (US), the Czech law does not allow patients with religious objection to be exempted from being declared brain dead. 14 9 The freedom of thought, conscience, and religion (and belief/faith) is recognised in the Czech Republic under the Art. 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, and Art. 15 of the Charter of Fundamental Rights and Freedoms of the Czech Republic. According to the Art. 3 of the Charter, everyone is guaranteed the enjoyment of their fundamental rights and freedoms without regard to gender, race, colour of skin, faith, and religion, …. national or social origin, membership in a national or ethnic property … or other status. 10 S. 28(3)(a) of the Act. No. 372/2011 Sb., on Healthcare Services. 11 S. 28(3)(j) of the Act on Healthcare Services. 12 S. 30(2) of the Act on Healthcare Services. 13 Cf. e.g., the decision of the Constitutional Court of the Czech Republic No. III. ÚS 449/06 and No. I. ÚS 1253/14, as briefly analysed in the text further. 14 New Jersey Declaration of Death Act, 26:6A-5..

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