A/HRC/41/33/Add.4 actual caregiver, or if the representative or the caregiver withholds the consent. If the abovementioned people do not have sufficient insight and are not capable of expressing informed consent (due to their condition resulting i.a. from a mental illness, degree of disability or the advancement of reasons for their incapacitation), the decision relating to the consent for examination or other health care services is the responsibility of their statutory representative or the custody court. If the patient is minor or incapable of giving informed consent, does not have a statutory representative or actual caregiver or it is impossible to communicate with these persons, the doctor, after the examination, may proceed to provide further health services — as a rule — only after obtaining the consent of the custody court. The above-mentioned regulations constitute general principles for granting or refusing the considered consent, therefore they apply to all circumstances relating to the provision of health care services, except for those in relation to which the provisions of separate acts introduce specific regulations. Moreover, the provisions concerning the patient's ability to express consent for health services are in correlation with the Act of February 25, 1964 the Family and Guardianship Code, according to which a child (and a minor) under the age of 18 shall remain under parental responsibility. This is related to the fact, that for instance persons under the age of 13 are not capable of directing their own actions and making conscious decisions. If such a patient had an independent (without his/her legal representative) access to reproductive healthcare services, including contraception, it wouldn’t mean that this patient was able to fully assess her/his treatment and the impact it would have on his/her present and future health. It wouldn’t also mean that the person fully understands all aspects of the proposed course of treatment. The similar situation, however to the lesser extent, is in case of people with limited legal capacity (minors aged 13-18). According to the Polish law parents are generally statutory representatives of a child under their parental responsibility. Although, the level of mental maturity increases with age and allows for more independent decision-making, but still the child (and minor), due to his or her physical and mental immaturity, requires constant attention necessary for proper, comprehensive development, security, physical integrity or ensuring the proper legal status. Such an attention is an essence of upbringing, that is a parental obligation. Parents in order to fulfil this obligation have the right and responsibility to raise and guide the child. "Guiding a child", as part of parenting means, that parents have the right to decide in important child matters, among others related to all therapeutic activities. Ad Part VI “Health”, paragraph 47 As far as access to the emergency contraceptive pills (mentioned in the report) is concerned it should be noted, that in 2017 the rules governing access to ATC G03A (hormonal contraceptives for internal use) were unified. By virtue of the Act of May 25, 2017 amending the Act on health care services financed from public funds and certain other acts, which entered into force on 23 July 2017, all hormonal contraceptives for internal use are issued on the basis of a prescription from a doctor. This is due to the fact that a patient’s use of the medicinal product in question should be preceded by a visit to a doctor specialising in gynaecology, of which a physical examination is an integral part. In addition, the doctor who stores the patient’s medical records is aware of the frequency of prescription of these medicinal products, as well as the occurrence of possible side effects or possible interactions with other medication. Thanks to the regulation, the doctor will be able to assess whether the use of the drug will affect the patient’s health. 6