Article 17 Protecting the Integrity of the Person
214. Persons with disabilities in the Republic of Serbia have a constitutional right to physical and mental integrity and protection from torture, cruel, inhuman and degrading treatment or punishment on equal terms with others. Physical and mental integrity is inviolable. Nobody can be subjected to torture, inhuman or degrading treatment or punishment, or subjected to medical or scientific experiments without their consent (Article 25 of the Constitution).
215. LHC protects human rights and values in health care and rights of patients by guaranteeing the right of access to health care, right to information, right to being informed, right to free choice, right to privacy and confidentiality of information, right to making independent decision and giving consent, right to have an insight into medical documents, right to confidentiality, right of the patient involved in medical experiment, and right to complain and right to compensation. All these rights apply to all patients, including persons with disabilities.
216. The patient has the right to obtain from the competent health care professional a timely notification required for him/her to make a decision on whether to agree or disagree with a proposed medical measure, particularly within the right to free choice. The patient has the right to decide freely about everything that concerns his life and health, except in cases which directly threaten lives and health of others. Without patient's consent, he/she cannot, as a rule, be exposed to any medical measure. A medical measure may be applied against patient's will, i.e. patient's representative, only in exceptional cases determined by the law, which are in accordance with medical ethics. The patient may approve a proposed medical measure explicitly (orally or in writing), i.e. implicitly (not disagreeing explicitly). Consent not preceded by a required notification is not binding, and the competent health care professional who applies a medical measure bears the risk of adverse effects in this case. Consent of a proposed medical measure may be verbally recalled by the patient until it has been applied, under conditions prescribed by the law. The patient has the right to appoint a person who shall, on his/her behalf, give consent, i.e. who shall be informed instead of the patient about applying a medical measure, in case the patient becomes incapable to make a decision on consent. The patient has the right to refuse a proposed medical measure, even in case when it is used to save or maintain patient's life. The competent health care professional is obliged to indicate to the patient the consequences of his/her decision on refusing a proposed medical measure and to require from the patient a written statement which must be kept in records on treatment, and if the patient refuses to provide a written statement, an official note shall be made on this. The competent health care professional shall enter to medical records data on patient's consent to a proposed medical measure, as well as on its refusal. Article 38, paragraph 4 of LHC, which refers to medical experiments, is fully complied with provisions of the Convention on NOPWD' initiative.
217. From the stated provisions, it is clear that all persons, including persons with disabilities, are protected from medical procedures taken without their freely provided consent of a proposed medical measure, so that no medical measure may be carried out by force, including sterilisation and pregnancy termination (abortion).