title: [Obligation to medical treatment as a possibility of medical and social supervision (author's transl)].
abstract: In lectures of forensic medicine and in jurisdiction the patient's decision to release his secret records of medical examinations and treatment is considered to be an intangible right. Actually this privilege is only existing for the rich patient who can afford it to resign economic help in daily life and in case of illness, disablement and of incapability of earning his living. The population of our social state is largely subjected to obligations to disclose, tolerate and cooperate. In Civil Right, Social Right and in Labour Law theoretically this cannot be enforced, but it is forced in fact by refusing social and insurance accomplishment. If a young person refuses medical tests, a veto of employment will result. An employee will not get a position in an industrial firm where a medical department had to be established according to the law, or in the public service, if he refuses medical tests. In the attempt to extend the social insurance system to the whole population and to extent medical service in industry to all employees within certain time, there is no longer space for avoiding the social pressure for medical good conduct. Wanting to live a civil life one has to obey those directions. The postulation of lecturers and of High Courts concerning the patients decision on medical examination and treatment has only explanatory value and does not consider medical insurance and labour aspects. Further legal restrictions of this fundamental rights exist in Criminal Law.
mesh_terms: D002961:Civil Rights; D003219:Confidentiality; D005610:Freedom; D005860:Germany, West; D006801:Humans; D007883:Legislation, Medical; D008887:Military Medicine; D009787:Occupational Medicine; D010342:Patient Acceptance of Health Care; D010344:Patient Advocacy; D010817:Physician-Patient Relations; D012946:Social Welfare
vernacular_title: Die Duldungspflicht ärztlicher Behandlung als Möglichkeit medizinischer und sozialer Disziplinierung.