THE RESPECT FOR HUMAN DIGNITY THROUGHOUT LIFE AS REFLECTED IN THE NEW CIVIL CODE
Lecturer Alexandru MIHUŢ Ph. D.
“Vasile Goldis” Western University of Arad
Faculty of Humanities, Politics and Administrative Sciences, Arad
Phone: 0744 /773151
ABSTRACT. During the development of social politics, philosophy and medicine in relation to human dignity, they have been involved in the processes of evolution and involution which unfortunately can still be felt nowadays, both on a global and a national level. The Universal Declaration of Human Rights (adopted by the General Assembly of the U.N. on December 10, 1948), the UNESCO’s Constituting Act (in its Head Note), The Universal Declaration on Bioethics and Human Rights (adopted by the UNESCO on October 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 the patient, its quintessence being the right to choose one’s physician, and the respect for the patient’s dignity appears as a corollary of these rights. The key issue of the new Civil Code focuses on “the life, health, physical and mental integrity of any person” which are equally guaranteed and protected. Section 61 (1) “The interest and welfare of the human being must take precedence over the unique interest of society or science” – Section 61 (2).
Key words: dignity, human rights, civil code, medical contract, medical error, civil liability