Ethical and medico-legal problems concerning so-called hunger strikers. 1994

L Neoral
Department of Forensic Medicine and Medical Law, University of Olomouc, Czech Republic.

In the Middle European medico-legal climate, the moral rule 'salus aegroti suprema lex' has been accepted for a long time. In the last few years, under the pressure of fear of accusation of a paternalistic attitude, this postulate has been changed to 'voluntas aegroti suprema lex'. The question stands: Is this valid in each case and in all the situations? For example, it is possible to use compulsory treatment with those who have not given their informed consent. Even the charter of basic human rights and freedom states in its article 6 that everyone has a right of life. The law specifies in which cases an individual can be accepted or can be held in a health care institution without his/her consent. In cases of so-called 'hunger strikers', the strikers refuse food and expose themselves to extreme starvation in order to reach some political goals or to express their views. If, in such situations, the patient endangers his/her life, the physician who is facing this problem is, according to Czech law and similarly to some other Central European laws, and according to the Ethical Code of the Czech Medical Chamber, bound to act to protect and restore the life and the health of that person. The Health Care Act No. 540/1991 of the Czech Republic states the obligation to provide emergency care to anyone whose life or health is threatened. Compulsory treatment is possible, for example, if an individual shows signs of mental disease or if an intoxication threatens him or his neighbourhood.(ABSTRACT TRUNCATED AT 250 WORDS)

UI MeSH Term Description Entries
D007258 Informed Consent Voluntary authorization, by a patient or research subject, with full comprehension of the risks involved, for diagnostic or investigative procedures, and for medical and surgical treatment. Consent, Informed
D007603 Jurisprudence The science or philosophy of law. Also, the application of the principles of law and justice to health and medicine. Litigation,Medical Jurisprudence,Constitutional Law,Court Decision,Law,Legal Aspects,Legal Obligations,Legal Status,State Interest,Aspect, Legal,Aspects, Legal,Constitutional Laws,Court Decisions,Decision, Court,Decisions, Court,Interest, State,Interests, State,Jurisprudence, Medical,Law, Constitutional,Laws,Laws, Constitutional,Legal Aspect,Legal Obligation,Litigations,Obligation, Legal,Obligations, Legal,State Interests,Status, Legal
D003604 Czechoslovakia Created as a republic in 1918 by Czechs and Slovaks from territories formerly part of the Austro-Hungarian Empire. The country split into the Czech Republic and Slovakia 1 January 1993.
D004630 Emergencies Situations or conditions requiring immediate intervention to avoid serious adverse results. Emergency
D004992 Ethics, Medical The principles of professional conduct concerning the rights and duties of the physician, relations with patients and fellow practitioners, as well as actions of the physician in patient care and interpersonal relations with patient families. Medical Ethics
D005215 Fasting Abstaining from FOOD. Hunger Strike,Hunger Strikes,Strike, Hunger,Strikes, Hunger
D006801 Humans Members of the species Homo sapiens. Homo sapiens,Man (Taxonomy),Human,Man, Modern,Modern Man
D006806 Human Rights The right of the individual to cultural, social, economic, and educational opportunities as provided by society, e.g., right to work, right to education, and right to social security. Linguistic Rights,Right to Housing and Shelter,Rights of Indigenous Peoples,Collective Human Rights,Equal Rights,Human Rights, Collective,Indigenous Peoples Rights,Rights, Collective Human,Rights, Equal,Rights, Linguistic
D013217 Starvation Lengthy and continuous deprivation of food. (Stedman, 25th ed)

Related Publications

L Neoral
June 1993, South African medical journal = Suid-Afrikaanse tydskrif vir geneeskunde,
L Neoral
June 2013, BMJ (Clinical research ed.),
L Neoral
September 1970, Nihon hoigaku zasshi = The Japanese journal of legal medicine,
L Neoral
January 1966, Minerva medicolegale; archivio di antropologia criminale, psichiatria, e medicina legale,
L Neoral
January 1988, Medicine, science, and the law,
L Neoral
April 1992, Bulletin of medical ethics,
Copied contents to your clipboard!