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- Title
Auswirkung der Pandemie auf Besuche untergebrachter PatientInnen.
- Authors
Haberl, Andrea; Rappert, Bernhard
- Abstract
The article discusses the effects of the COVID-19 pandemic on visits to hospitalized patients. It discusses how pandemic-related and accommodation-related regulations relate to each other and whether the accommodation court can review such restrictions on a case-by-case basis. According to the Accommodation Act, restrictions on personal rights are only permissible if expressly provided for in constitutional law, this federal law, or other legal provisions. The Supreme Court has ruled that restrictions on the personal rights of hospitalized patients always fall within the scope of the Accommodation Act. In the second legal proceeding, the court of first instance determined that deprivation of liberty during accommodation is a critical life event and therefore visits should generally be allowed. The visitation ban was declared inadmissible because the exception clause of the 3rd COVID-19 SchuMaV was fulfilled.
- Subjects
AUSTRIA; COVID-19 pandemic; LEGAL documents; CIVIL rights; PATIENTS' rights; LEGAL judgments; SERVICES for patients; CONSTITUTIONAL law; HOSPITAL patients; HOSPITALS
- Publication
Journal für Medizin- und Gesundheitsrecht (JMG), 2022, Vol 7, Issue 1, p17
- ISSN
2415-6868
- Publication type
Article
- DOI
10.37942/jmg202201001701