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THE RESPECT FOR HUMAN DIGNITY THROUGHOUT LIFE AS REFLECTED IN THE NEW CIVIL CODE

Keywords: dignity , human rights , civil code , medical contract , medical error , civil liability

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Abstract:

During the development of social politics, philosophyand medicine in relation to human dignity, they have been involved in theprocesses of evolution and involution which unfortunately can still be feltnowadays, both on a global and a national level. The Universal Declaration ofHuman Rights (adopted by the General Assembly of the U.N. on December 10,1948), the UNESCO’s Constituting Act (in its Head Note), The UniversalDeclaration on Bioethics and Human Rights (adopted by the UNESCO onOctober 19, 2005) also stress out the respect for human dignity. The Law No. 95/ 2006 and the Code of Medical Professional Ethics focuses on the rights of thepatient, its quintessence being the right to choose one’s physician, and therespect for the patient’s dignity appears as a corollary of these rights. The keyissue of the new Civil Code focuses on “the life, health, physical and mentalintegrity of any person” which are equally guaranteed and protected. Section 61(1) “The interest and welfare of the human being must take precedence over theunique interest of society or science” – Section 61 (2).

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