Yana Litins’ka will be presenting her dissertation
Assessing capacity to decide on medical treatment: On human rights and the use of medical knowledge in the laws of England, Russia and Sweden
One of the fundamental concepts of medical law is a valid consent to, or refusal of, treatment. However, different legal systems have different views on when someone is legally capable of leaving a valid consent, or refusal. Some states perform external assessments of this capacity when a patient is disabled or is considered vulnerable due to other reasons (such as old age), whilst other countries question these proceedings as being discriminatory. The presentation compares the legal systems of England, Russia and Sweden and examines at what point assessments of capacity are required for somatic medical intervention. The discussion will further focus on what criteria are used to assess this capacity and evaluate whether capacity assessments in England, Russia and Sweden are in compliance with the human rights treaties of the United Nations and the Council of Europe.
Yana Litins’ka received a doctoral degree (LL.D) in Medical Law in December 2018. She is currently employed as an adjunct lecturer in jurisprudence at the Department of Law, Uppsala University.
The seminar is a collaboration between the Health Law Research Centre, the Norma Elder Law Research Environment and CASE at Lund University. It is also part of the seminar series CASE Scientific Sessions.