Dopuszczalność wydania z apteki środków antykoncepcyjnych małoletnim. Postulaty de lege ferenda
Permissibility of Dispensing Contraceptives to Minors by Pharmacies. Arguments De Lege Ferenda
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The text provides an analysis of the legal consequences of the use of modern medical technology in healthcare. Considerations are carried out in the context of the Regulation on pharmacy medicinal products and medical devices. This act allows a minor, above the age of 15 years, to purchase a hormonal contraceptive: “the morning after pill”. Particular attention is devoted to the welfare of the child and the situation of its parents. The author analyses a situation in which a minor above 15 years of age may independently buy “the morning after pill”, however a visit to the gynaecologist, in such circumstances where the person in question is under age, requires the presence of a parent, guardian or another legal representative. Whilst it is an important issue that necessitates legislative intervention, future regulations must take into account the principles which underlie family law. It is the author’s contention that the present provisions do not respect these rules in the field of parental authority.
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