Enhancing Human Security: Balancing Medical Confidentiality and Criminal Justice

Aneta Kaminska-Nawrot, Daria Bienkowska, Janusz Falecki, Rafal Piotr Depczynski and Dawid Czarnecki

European Research Studies Journal, 2024, vol. XXVII, issue 2, 531-545

Abstract: Purpose: Information covered by medical confidentiality is important in a criminal trial and ensure patient safety. They belong to the evidence prohibitions that make it difficult or impossible to obtain information about the patient. The legislator, being aware of the limitations in determining material truth, tried to reconcile the implementation of tasks under the penal procedure with the patient's interest. Design/Methodology/Approach: In this article, we take note that respecting medical confidentialy is one of the fundamental rights for patients and physician. Findings: The implementation of Human Security Framework argument relates to the centrality of rhetoric in implementic human rights prism in legal order. In that much of the “reality” surrounding human rights is fundamentally interpretive, human security rhetorical framework plays a key role presenting that a rights ideal can secure legal orders in a culture predisposed to reject that ideal. Practical Implications: A correct analysis of medial confidential in the prism of Human Security Framework put, the argument here is that concern for how particular individuals advocate for human rights causes adds significant value to understanding the fundamental meaning in protection this institution and its role in criminal trial. Originality/Value: The publication systematizes the most important issues of human security framework in legal order, particulary in criman trial.

Keywords: Fundamental rights; human rights; human security framework; medical confidentiality; patient; criminal procedure; ban on evidence; patient's rights and freedoms; medical law; penal code. (search for similar items in EconPapers)
JEL-codes: I1 K33 K4 (search for similar items in EconPapers)
Date: 2024
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Persistent link: https://EconPapers.repec.org/RePEc:ers:journl:v:xxvii:y:2024:i:2:p:531-545

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