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REVIEW PAPER
National and international legal issues of the euthanasia
| 1 | Department of Constitutional and Administrative Law, Faculty of Law, National Aviation University, Kyiv, Ukraine |
| 2 | Law Institute, Kyiv National Economic University named after Vadym Hetman, Kyiv, Ukraine |
| 3 | Department of International, Civil and Commercial Law, Kyiv National University of Trade and Economics, Kyiv, Ukraine |
CORRESPONDING AUTHOR
Maryna O. Dei
Department of Constitutional and Administrative Law, Faculty of Law, National Aviation University, 03058, 1 Liubomyr Huzar Ave., Kyiv, Ukraine.
Department of Constitutional and Administrative Law, Faculty of Law, National Aviation University, 03058, 1 Liubomyr Huzar Ave., Kyiv, Ukraine.
Submission date: 2021-04-07
Final revision date: 2021-07-26
Acceptance date: 2021-07-26
Online publication date: 2021-10-14
Publication date: 2022-02-17
Pol. Ann. Med. 2022;(Article on hold 1):1–6
KEYWORDS
the right to lifethe right to diemedical assistance in dyingrules of end-of-life caretreatment refusal
TOPICS
ABSTRACT
Introduction:
The value of human life as a personal intangible good is growing, which has led to international and national legal consolidation of norms providing comprehensive protection of life, while the life of the individual depreciates day by day. All this explains the extraordinary interest in euthanasia, which can be called one of the most controversial and unresolved issues of our time.
Aim:
The aim of the article is to study the phenomenon of euthanasia, elaborate the decisions of the European Court of Human Rights on euthanasia and related rights, develop recommendations on the possibility of legalizing euthanasia in Ukraine.
Material and methods:
The leading method of research of this issue is comparative and law, which allows to comprehensively consider the right to euthanasia, its positive and negative components and helps to establish trends in the implementation of the outlined phenomenon.
Results and discussion:
It is concluded that the right to assisted suicide and the right to passive euthanasia can be recognized only as an element of the right to respect for private life in the context of Article 8 of the Convention. Regarding the legalization of euthanasia in Ukraine, this should be preceded by a serious public dispute on this issue with the widest possible involvement of lawyers, representatives of medicine, bioethics, philosophy, sociology and other sciences.
Conclusions:
The materials of the article have practical value for all those interested in euthanasia and the realization of the right to die, as well as for practicing lawyers and judicial authorities.
The value of human life as a personal intangible good is growing, which has led to international and national legal consolidation of norms providing comprehensive protection of life, while the life of the individual depreciates day by day. All this explains the extraordinary interest in euthanasia, which can be called one of the most controversial and unresolved issues of our time.
Aim:
The aim of the article is to study the phenomenon of euthanasia, elaborate the decisions of the European Court of Human Rights on euthanasia and related rights, develop recommendations on the possibility of legalizing euthanasia in Ukraine.
Material and methods:
The leading method of research of this issue is comparative and law, which allows to comprehensively consider the right to euthanasia, its positive and negative components and helps to establish trends in the implementation of the outlined phenomenon.
Results and discussion:
It is concluded that the right to assisted suicide and the right to passive euthanasia can be recognized only as an element of the right to respect for private life in the context of Article 8 of the Convention. Regarding the legalization of euthanasia in Ukraine, this should be preceded by a serious public dispute on this issue with the widest possible involvement of lawyers, representatives of medicine, bioethics, philosophy, sociology and other sciences.
Conclusions:
The materials of the article have practical value for all those interested in euthanasia and the realization of the right to die, as well as for practicing lawyers and judicial authorities.
FUNDING
None declared.
CONFLICT OF INTEREST
None declared.
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