Patient autonomy and the right to refuse medical intervention: Medical and legal aspects.

OBJECTIVE

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.

PATIENTS AND

METHODS

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.

CONCLUSION

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.