Your browser doesn't support javascript.
loading
[Vasectomy on request: still a moot point for discussion]. / Gefalligkeitsvasektomie -- nach wie vor ein umstrittenes Thema.
Aktuelle Urol ; 19(6): 325-29, 1988 Nov.
Article em De | MEDLINE | ID: mdl-12286653
ABSTRACT
PIP In the Federal Republic of Germany, 35.000-40.000 individuals undergo sterilization annually for family planning. A great amount of legal uncertainty surround penal, civil, and tort law (damage and liability of doctor) accountability because of conflicting statutes and interpretations of laws. The penal code on sterilization and abortion has been recently rewritten. Some of the indications for vasectomy are medical, medical-criminological, medical-social, and eugenic. Vasectomies are also performed on request of the patient; this is defined in different ways. A 1871 penal law pronounced the making of a person infertile a bodily injury punishable by 10 years in jail, but if the doctor could adduce special circumstances justifying it, the act was exonerated. Voluntary choice was not acceptable, only medical indication was valid. In 1933, the legal justification of voluntary choice of sterilization was confirmed, and even severe bodily injury was justifiable as long as it was accepted by the affected person, except if the act conflicted with accepted standards of habit, custom, and morals. Medical, eugenic and criminological-sexual medical reasons for sterilization were allowed, other reasons were punishable. In 1943, sterilization by radiation and hormone treatment also became punishable, except in the above allowances. In 1946, the penal code was annulled to extirpate Nazi thinking. The law that replaced it was put out of force in 1955, thus restoring the formed edict about moral conflict in voluntary choice. In 1963, a doctor was punished for 140 voluntary sterilizations, but the 1933 law reduced his sentence to 6 months instead of several years. After that, voluntary sterilization was no longer punished by a German court, but, in 1976, the controversial issue of legal justification of sterilization under free will was tackled in a verdict of the Bundesgerichtshof or Federal Court (BGH) under civil law. A 34-year old mother of 3 children was sterilized in the course of the delivery of the third child. She demanded compensation for pain, but the courts rejected her request on grounds of voluntary choice of procedure. Since, in 1970 and 1976, the Convention of German Doctors endorsed only medical-genetical and severe social reasons for sterilization, the BGH decision was also meant to indicate that the free choice of sterilization was not without limits. The doctor had to make sure that his act was legally acceptable by observing the rules of medical law exact clarification of the type of treatment, disclosure of attendant consequences, side effects, risks and complications, the danger of failure of sterilization, and education about alternative methods. On demand vasectomy should be undertaken with restraint, since there is no recourse against the doctor; thus, unpleasant consequences could be avoided.^ieng
Assuntos
Palavras-chave
Buscar no Google
Base de dados: MEDLINE Assunto principal: Esterilização Reprodutiva / Estudos de Avaliação como Assunto / Legislação como Assunto Tipo de estudo: Diagnostic_studies / Evaluation_studies / Guideline / Prognostic_studies País/Região como assunto: Europa Idioma: De Ano de publicação: 1988 Tipo de documento: Article
Buscar no Google
Base de dados: MEDLINE Assunto principal: Esterilização Reprodutiva / Estudos de Avaliação como Assunto / Legislação como Assunto Tipo de estudo: Diagnostic_studies / Evaluation_studies / Guideline / Prognostic_studies País/Região como assunto: Europa Idioma: De Ano de publicação: 1988 Tipo de documento: Article