Žmogaus kūno nedisponuojamumo principas Lietuvos Respublikos teisėje

Abstract

SUMMARY The right to life, to human dignity has become universally obligatory and protectable right. New potentialities of biotechnologies disposed not only new opportunities, but new threatens as well. They require not only evaluation of ethical character, but also corresponding legal regulation. In the present paper is analyzed medical, phylosophical and legal value of the human body. The attitude of medicine to a human and his ilnesssess and relationship of a medical and patient in the context of paternalism are disclosed in historical aspect. Historical perspective of legal recognition of human body is disclosed. The time from which a person is presumed as a subject of law is analyzed as well as legal guaranties which are granted to a human being after his recognition as a person. The importance of natural rights to a principle of undisposal of human body is also discussed. Legal regulation of principle of body undisposal principle in constitutional, criminal and civil law is disclosed. It is analyzed how principle of human body undisposal is recognised in modern biomedical practices and whar are tendencies of legal rgulation and problematic issues.