The therapeutic privilege is a defence in terms of which a doctor may withhold information from a patient if disclosure of such information could harm the patient. This study explores the defence of therapeutic privilege and provides a critical evaluation. A comparative investigation is undertaken, while arguments springing from a variety of disciplines are also incorporated. A number of submissions are made for limiting the ambit of the defence. The main submission is that the therapeutic privilege should comply with all the requirements of the defence of necessity. In addition, it should contain some of the safeguards afforded to the patient by the requirements of the defence of negotiorum gestio so that therapeutic privilege is out of the question if medical treatment is administered against the patient's will, or the doctor has reason to believe (or knows) that the patient will refuse to undergo an intended intervention once properly informed. / Jurisprudence / L.L.M. (Jurisprudence)

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(Abstract) The diploma thesis deals with the reflection of the right to know one's own origin in the Czech legal order. Knowledge of one's own origin and the right to know one's own origin constitute not only a legal but also a moral and ethical question. The right to know one's own origin (i.e. the right to know one's parents, one's biological family and one's ancestors) is one of the subjective human rights, which belongs to every natural person. This right is more or less reflected in majority of institutes of family law. The thesis analyses the most important of them and indicates how the right to know one's own origin is reflected in these institutes or it is not, although it should be. The work seeks to highlight possible shortcomings of the legislation and tries to propose possible solutions de lege ferenda. There are also stated (for the purposes of comparison) some examples of foreign legislation in cases of some legal institutes. The diploma thesis is based on the legislation effective on the 26th March 2016. It is composed of an introduction, five chapters and a conclusion. The first chapter deals with the right to know one's own origin and its legal regulation in the Czech Republic. It mainly discusses the international conventions that are (in compliance with the Art. 10 of the...

Abstract, Keywords The thesis concerns itself with the analysis of Czech legislation currently in effect with respect to the right to know one's origin. Discussed are the contents of this right, the legislation's addressees, Article 7 of the Convention on the Rights of the Child including the reservations to it made by the Czech Republic. The affected Czech regulations and their reforms are also talked about. Attention is also given to the issue of determining one's parentage. The bulk of the thesis is made up of analyzing the issues of assisted reproduction, surrogacy, adoption, anonymized and confidential childbirths, and baby boxes in regard to protecting the right to know one's origin. The thesis aims to critically evaluate current legislation, point out its shortcomings and suggest possible future development as the right to know one's origin isn't currently being given enough attention. Some of the aforementioned institutes aren't set out in law at all, others give preference to the anonymity of the child's biological parents. Adoption has recently seen some positive development with the recodification of the civil law, however even this is an area that leaves a lot to be desired as there still are certain faults and deficiencies of the legislation. Keywords: Right to know one's origin, assisted...