The autonomy of will and the patient's right to self-determination: Legal guarantees and (bio)ethical dilemmas
In the scientific discourse of examining any aspect of euthanasia, it is essential to determine what euthanasia exactly is. The correct definition of euthanasia and its forms, which must include an analysis of the justification of such distinctions, linking euthanasia with similar concepts, are the...
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| Format: | Article |
| Language: | English |
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Faculty of Law, Niš
2024-01-01
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| Series: | Zbornik Radova Pravnog Fakulteta u Nišu |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2024/0350-85012403097S.pdf |
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| Summary: | In the scientific discourse of examining any aspect of euthanasia, it is essential to determine what euthanasia exactly is. The correct definition of euthanasia and its forms, which must include an analysis of the justification of such distinctions, linking euthanasia with similar concepts, are the necessary prerequisites for a reasoned public debate on its legalization. The reason for the debate is provided by the Preliminary Draft of the Civil Code of Serbia, which establishes a new subjective (personal) right - the right to a dignified death (euthanasia), which may be exercised in exceptional circumstances by fulfilling the specifically prescribed humane, psycho-social and medical conditions. Euthanasia entails not only legal and medical but also psychological and social aspects. Thus, the Commission for drafting the Civil Code reserved the right to make a subsequent final statement on this matter, by relying on the arguments of experts from various fields and professional activities. Public educated debate is much needed before the legislator makes the final word, and legal scholars are certainly invited to participate in this discussion. This paper focuses on the correlation between euthanasia and the principle of private autonomy (the right to self-determination) in order to examine whether they can provide a sound ground for defending the right to a dignified death. |
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| ISSN: | 0350-8501 2560-3116 |