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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Faculty of Law, Niš
2024-01-01
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| Series: | Zbornik Radova Pravnog Fakulteta u Nišu |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2024/0350-85012403097S.pdf |
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| author | Simonović Ivana |
| author_facet | Simonović Ivana |
| author_sort | Simonović Ivana |
| collection | DOAJ |
| description | 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. |
| format | Article |
| id | doaj-art-196578c1fd364bdbb84e1062856f1162 |
| institution | Kabale University |
| issn | 0350-8501 2560-3116 |
| language | English |
| publishDate | 2024-01-01 |
| publisher | Faculty of Law, Niš |
| record_format | Article |
| series | Zbornik Radova Pravnog Fakulteta u Nišu |
| spelling | doaj-art-196578c1fd364bdbb84e1062856f11622025-02-05T13:31:11ZengFaculty of Law, NišZbornik Radova Pravnog Fakulteta u Nišu0350-85012560-31162024-01-01631039711410.5937/zrpfn1-547020350-85012403097SThe autonomy of will and the patient's right to self-determination: Legal guarantees and (bio)ethical dilemmasSimonović Ivana0https://orcid.org/0000-0001-6919-5713University of Niš, Faculty of Law, Niš, SerbiaIn 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.https://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2024/0350-85012403097S.pdfthe right to lifeinviolability (sanctity) of lifeprivate autonomyself-determinationdignityeuthanasiapatients' rightsrefusal of medical treatmentpalliative carebio-ethical dilemmas |
| spellingShingle | Simonović Ivana The autonomy of will and the patient's right to self-determination: Legal guarantees and (bio)ethical dilemmas Zbornik Radova Pravnog Fakulteta u Nišu the right to life inviolability (sanctity) of life private autonomy self-determination dignity euthanasia patients' rights refusal of medical treatment palliative care bio-ethical dilemmas |
| title | The autonomy of will and the patient's right to self-determination: Legal guarantees and (bio)ethical dilemmas |
| title_full | The autonomy of will and the patient's right to self-determination: Legal guarantees and (bio)ethical dilemmas |
| title_fullStr | The autonomy of will and the patient's right to self-determination: Legal guarantees and (bio)ethical dilemmas |
| title_full_unstemmed | The autonomy of will and the patient's right to self-determination: Legal guarantees and (bio)ethical dilemmas |
| title_short | The autonomy of will and the patient's right to self-determination: Legal guarantees and (bio)ethical dilemmas |
| title_sort | autonomy of will and the patient s right to self determination legal guarantees and bio ethical dilemmas |
| topic | the right to life inviolability (sanctity) of life private autonomy self-determination dignity euthanasia patients' rights refusal of medical treatment palliative care bio-ethical dilemmas |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2024/0350-85012403097S.pdf |
| work_keys_str_mv | AT simonovicivana theautonomyofwillandthepatientsrighttoselfdeterminationlegalguaranteesandbioethicaldilemmas AT simonovicivana autonomyofwillandthepatientsrighttoselfdeterminationlegalguaranteesandbioethicaldilemmas |