IZJAVE VOLjE ZA SLUČAJ POTONjE NESPOSOBNOSTI ZA SAMOSTALNO ODLUČIVANjE: ANTICIPIRANO ODLUČIVANjE PACIJENATA U EVROPSKIM PRAVIMA

Abstract

The subject of this paper is the analysis of the methods of regulating the advance decision of patients at the level of the Council of Europe and in the countries of German legal tradition in order to underline the significance of this institute and the predispositions for its validity and applicability in concrete medical situations. In the first part of the paper, the author presents and assesses the regulations related to advance decision making adopted under the auspicies of the Council of Europe, mostly with the aim of its recoginition as the expression of people's autonomy and the right to self- determination, but then, also, with the aim of establishing the principles on which the member countries base this institute in their national legislations. The second part is devoted to the analysis of the methods of regulating the advance directives and advance powers of attorney in Switzerland, Germany and Austria. In the conclusion, the author underlines the value of this institute and the need of the Republic of Serbia, the member of the Council of Europe, to harmonize its regulations on this matter with European standards. In that context, Serbia needs to acknowledge and establish the conditions under which a patient may in advance, in case of his subsequent incapacity, refuse or accept to be the subject of a certain medical treatment or designate a person who will make decisions on his behalf and under certain instructions related to his health. Here the author points to some issues that need to be adequtely solved , such as: the validity of declarations of consent, their registration, the monitring of their execution, etc.