患者知情同意权

让患者知情同意义务是近些年来在医疗诉讼过程中逐步从一般注意义务中分化出来的特殊注意义务。IC产生有其深刻的社会背景,医师在医疗行为时要对患者进行充分的告知并取得患者的同意以保障患者自我决定权的实现。     

患者知情同意权

让患者知情同意义务是近些年来在医疗诉讼过程中逐步从一般注意义务中分化出来的特殊注意义务。IC产生有其深刻的社会背景，医师在医疗行为时要对患者进行充分的告知并取得患者的同意以保障患者自我决定权的实现。     

Minors and informed consent: a comparative approach

The European Convention on Human Rights and Biomedicine of the Council of Europe provides in article 6 for special protection of persons who are not able to give free and informed consent to an intervention in the health field, e.g. minors. According to the second paragraph of this article it is up to domestic law to decide whether and under which conditions a minor is capable of taking autonomous decisions in the health field. In the present article an overview is given of the legal regulations in place regarding the position of minors in a health care setting in the EU Member States that have ratified the European Convention on Human Rights and Biomedicine namely Cyprus, Czech Republic, Denmark, Estonia, Greece, Hungary, Lithuania, Portugal, Slovakia, Slovenia and Spain. As the overview will show, the legal position of minor patients in a health care setting varies from country to country. This in view of the system they have opted for as well as the age and circumstances under which minors are allowed to take health care decisions autonomously.     

Towards a European educational area

When negotiating the new educational programmes the Council and the Commission of the EC had to deal with a profound controversy as to whether or not the programmes should aim for the creation of a European educational area. This reflects the question of whether the Community can work towards some sort of unification of the different educational systems of the Member States. As the Treaty of the European Community prohibits any harmonisation in this field the European institutions can only work towards a growing closer of the different systems by encouraging the Member States and the educational and training institutions to go this way. Such an outcome can be fostered by the legal framework protecting the individual rights of non discrimination and of free movement of workers and of services as well as of establishment on the one side and by indirectly effective and not binding measures on the other side. This influence can be achieved by the European education programmes, the common efforts to face the challenges of the knowledge society and the global competition, the incentives to ameliorate the quality of education and training and to improve the individual employability. However, harmonisation will mean losing the richness of European diversity. Instead of unifying the systems transparency and mutual recognition of individual qualifications could lead to the desired European dimension without endangering the cultural backgrounds and the responsibility of the Member States for education and training. This revised version was published online in July 2006 with corrections to the Cover Date.