Patient autonomy and the right to refuse medical intervention: Medical and legal aspects
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1
UZHHOROD NATIONAL UNIVERSITY, UZHHOROD, UKRAINE
2
LVIV UNIVERSITY OF TRADE AND ECONOMICS, LVIV, UKRAINE
3
VYACHESLAV LIPINSKI INSTITUTE OF VOLYN, JSC «MAUP», LUTSK, UKRAINE
Publication date: 2026-05-29
Wiadomości Lekarskie 2026;(5):1127-1133
KEYWORDS
ABSTRACT
Aim: To examine the right to refuse medical treatment and resuscitation as a component of somatic rights, to analyze comparative legal frameworks in the
USA, EU member states and Ukraine, and to identify criteria for distinguishing lawful refusal of treatment from violations of medical and legal obligations.
Materials and Methods: The study employs a comparative legal method to analyze legislation across multiple jurisdictions, formal legal analysis of national
and international normative acts, and case-law analysis of key ECtHR decisions, including Arskaya v. Ukraine, Pindo Mulla v. Spain, and Lambert v. France.
Doctrinal legal sources on patient autonomy, informed consent, and advance directives were also examined.
Conclusions: The right to refuse medical treatment constitutes a fundamental somatic right grounded in personal autonomy and human dignity. Ukraine
requires systemic legislative reform to introduce legally binding advance directives and DNR orders, accompanied by safeguards including competency verification,
centralized registries, and guaranteed access to palliative care.