Relevant bibliographies by topics / Euthanasia, the right to life, right to die, human rights

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Euthanasia, the right to life, right to die, human rights'

Author: Grafiati
Published: 24 April 2022

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Journal articles on the topic "Euthanasia, the right to life, right to die, human rights"

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Kadir, Yusrianto, Leni Dwi Nurmala, and Nurwita Ismail. "The Relevance of Legal Protection to Human Rights Related to Euthanasia Law in Indonesia." Jambura Law Review 3, no. 2 (July 30, 2021): 319–35. http://dx.doi.org/10.33756/jlr.v3i2.7111.

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Every human being has rights that have been given since humans are in and the right to life is an absolute right that must be lived by every human being. Law Number 39 of 1999 concerning Human Rights does not provide space for euthanasia because euthanasia is contrary to the provisions of the Human Rights Law, especially the right to life of a person. The right to life in Law Number 39 of 1999 concerning Human Rights explains that every human being or every person without exception has the right to life, the right not to be tortured, the right to personal freedom thought and conscience, the right to religion, the right not to be enslaved, the right to recognized as a person and equality before the law, and the right not to study based on applicable law is a human right that cannot be reduced under any circumstances and by anyone.
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Nikitenko, L. O., and M. K. Babyk. "The right to euthanasia in the context of the realization of the right to life." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 65–68. http://dx.doi.org/10.24144/2307-3322.2021.65.11.

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The article examines the concept of euthanasia, the main scientific doctrines, which determine the attitude of legal experts to this phenomenon, and the reasons for the theory about the need to establish the right to euthanasia as the form of realization of the right to die in Ukrainian legislation and at the international level.Theproblemofthecontroversy of the concept that recognizes the existence of the fourth generation of human rights to which the right to euthanasia belongs is covered. It is determined that there are some disputes in scientific circles caused by theemergence of a new generation of rights. It is also determined that the new generation of rights is quite debatable, as it destroys the established classification of human rights.The concept of euthanasia is studied, the main distinguishing features between active and passive forms of the implementation of this phenomenon are characterized. It is identified that the majority of disputes about euthanasia legalizing is related to the implementation of its active form. Based on the research of scientists’ positions from different fields of science on the possibility of legalizing euthanasia, the two main views have been identified: for legalizing euthanasia and against it.It has been found that the basis for the difference of opinion on this issue is the controversy of the right to euthanasia in the context of the constitutional human right to life.The case-law of the European Court of Human Rights in issues related to euthanasia is analyzed. The comparison of the two decisions of the Court has been made and on this basis the peculiarities of the regulation of this problem in the international arena are clarified.The positive and negative aspects of the implementation of the right to euthanasia are analyzed.The possibility of establishng the right to die at the state and international levels is considered, its contradiction to the right to life, which is enshrined in the Constitution of Ukraine, as well as in the Declaration of Human and Civil Rights, is justified. The emphasis is placed on the need to develop medicine in order to prevent cases that could lead to the use of euthanasia.Taking into consideration the number and importance of negative factors in euthanasia implementation and the general unwillingness of society to legalize such a right, the conclusion that justified the inadvisability of enshrining the right to euthanasia in the legislation of Ukraine has been developed.
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Kyrsanova, Maryna. "The right to euthanasia in the context of the right to life guaranteed by the European Convention of human rights." Law and innovations, no. 2 (30) (June 2, 2020): 105–10. http://dx.doi.org/10.37772/2518-1718-2020-2(30)-16.

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Problem setting. Increasingly, European countries are legalizing euthanasia nationally. At the same time, this issue is a circle for scientific debate, as some experts believe that it is a natural human right that can be disposed of at its discretion. Others emphasize that no one can interrupt a person’s life, even herself. In order to summarize all positions and to determine unanimity on certain aspects of euthanasia, it is necessary to refer to the provisions of the European Convention of Human Rights, which in art. 2 proclaims the right to life and the case law of the European Court of Human Rights, which has argued for the possibility of a “right to die” as part of the right to life. The purpose. Analysis of the legal position of the European Court of Human Rights regarding the possibility of applying the euthanasia procedure, exploring the prospects of introducing this procedure into the national law. Analysis of recent research and publications. The problem of euthanasia is a matter of debate in the scientific community. This topic was researched by А.В. Malko, AS Nikiforova, O.V Khomchenko, I.O Koval, O.M Mironets, O.A Miroshnichenko, Yu.S. Romashova, K. Basovskaya, Yu.M. Rybakova, O.M Shchokin, S.V Chernichenko. Article’s main body. In science will distinguish 2 types of euthanasia - active and passive. Active euthanasia involves actions aimed at ending the life of a sick person, for example, by administering a lethal injection. Passive euthanasia involves discontinuation of medical care for a patient at his will, which in the future leads to death. Considering the issue of passive euthanasia, the European Commission concluded that it could not be interpreted art. 2 of the Convention as such, which gives the right to death, but everyone has the right to dispose of his life by giving appropriate instructions in the event of an incurable disease.. The issue of the “right to die”, the right to active euthanasia has been resolved in the case of Pritty v. The United Kingdom. The European Court of Human Rights in this case was not convinced that the “right to life” guaranteed by Article 2 of the Convention could be interpreted negatively. As for Ukraine, euthanasia in our country is being prosecuted and considered a crime. In particular, according to the Fundamentals of Healthcare Legislation, medical professionals are prohibited from taking deliberate actions aimed at ending the life of a patient who is terminally ill to end his or her suffering. The Civil Code of Ukraine contains a similar warning about the prohibition to deprive a person of his life at his request. Conclusions.The European Court of Human Rights does not consider that the content of art. 2 of the Convention it is possible to derive the “right to die”. This right does not come from the right not life, is not an independent right, can not be a fundamental right, to which all the guarantees of art. 2 of the Convention. With regard to passive euthanasia, the ECtHR does not, in fact, prohibit it; it proceeds from the human right to dispose of one’s life. Speaking about the introduction of the euthanasia procedure in the national legal order, the ECtHR did not give a clear assessment on this issue. In fact, the ECtHR has taken the position that it is not entitled to assess national legislation in terms of introducing effective mechanisms to protect their citizens’ right to life.
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Ming, David. "Euthanasia In The Side Of Theological View." Journal KERUGMA 3, no. 1 (April 15, 2020): 44–59. http://dx.doi.org/10.33856/kerugma.v3i1.156.

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Everyone can comment on life and death as the saying written by Goerge Arnold, but that does not mean that everyone can comment on living people being invited to be killed. A person's death is not a human right to determine it but God, the Creator and Protector of the whole nature, including humans who have been planned in the line of life and death. Therefore, when euthanasia arises between the medical and legal circles, then this is not something that can be forced to exist, especially as long as it is discussed without having a strong and clear basis. The author will explain what is Euthanasia? The question of Euthanasia's historical problems, the pros and cons of euthanasia, and Euthanasia's theological criticism. The author uses a descriptive method of literature and gets research results as follows: Viewed from the aspect of human rights is a moral breakdown that needs to be evaluated again whether euthanasia is in accordance with human rights values ​​because human rights values ​​essentially deny the existence of euthanasia. Also seen from the religious aspect, euthanasia is never justified. Law 6: "Do not kill" can not be laughed anymore means that refusing euthanasia.
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Tonoyan, Narine. "The Right to physical and mental immunity in the light of the new constitution of the Republic of Armenia and modern challenges in this field in Armenia." Bratislava Law Review 3, no. 2 (December 31, 2019): 84–90. http://dx.doi.org/10.46282/blr.2019.3.2.150.

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The Constitution of the Republic of Armenia (RA) for the first time envisaged the right to physical and mental immunity (in the former edition of personal immunity) in 2015. According to Article 25(1) of the RA Constitution, everyone shall have the right to physical and mental integrity. That right may be restricted only by law, for the purpose of state security, preventing or disclosing crimes, protecting public order, health and morals or the basic rights and freedoms of others. The bodily rights of the person, including the right to physical and mental immunity, are recognized in professional literature as somatic rights that have become a subject of vigorous debates as a new generation of human rights. In general, human somatic (bodily) rights constitute a wholeness, which includes: the right to life; the right to die or the right to choose a way of giving up one’s life (right to suicide, right to use euthanasia), etc. Current report in the light of the RA Constitution report discuss some of important issues in this field: eugenic experiments, medical intervention, organs and tissues transplantation, etc.
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A. Siregar, Rospita. "Eutanasia dan Hak Asasi Manusia." to-ra 1, no. 3 (January 5, 2016): 193. http://dx.doi.org/10.33541/tora.v1i3.1145.

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A patient who is suffering from terminal illness and an incurable condition has the possibility to propose to end his/ her life by lethal injection or suspending the medical treatment. This practice is known as euthanasia. Euthanasia is forbidden because it is categorized as homicide and consequently the perpetrator is punishable by criminal law. This reviewdiscusses (1) How is euthanasia legislation in Indonesian positive laws (2) How is euthanasia viewed from human rights perspective (3) How euthanasia is eligislated and conducted in some European countries. To analyze the afore mentioned problems, the writer conducts research by legal normative approach which is implemented in the thorough study of written regulation, official documents and related literatures. The writer finds tha Euthanasia is regarded as criminal act in Indonesia because it is a form of crime against life which stipulated in the Article 344 of the Indonesian Criminal Code (Kitab Undang-Undang Hukum Pidana/ KUHP):”Anyone who takes life of others which is clearly done with an intention is punishable by imprisonment for maximum twelve years”. The Declaration of Human Rights has stipulated the “right to life” which is fundamental and inherent in the nature of human being, universally acknowledge and an eternal endowment from The God. However, there are no any stipulations on-- the right to die and therefore euthanasia is a violation of human rights and against the principle of believing in one God. But, the right to die is already stipulated in some laws of developed countries, such as some countries in Europe
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Eijk, Willem J. "The Universal Declaration of Human Rights in medical-ethical perspective." Medicina e Morale 48, no. 1 (February 28, 1999): 49–59. http://dx.doi.org/10.4081/mem.1999.809.

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Notwithstanding its impressive achievements in combating crimes against humanity, the Universal Declaration of Human Rights offers no sufficient basis for medical ethics. It does not provide a clear definition of the human being who is subject of human rights, thus giving room for philosophical anthropologies according to which fetuses or neonates are no human persons yet or at most ‘marginal persons’. Because the Declaration likewise fails to define the concept of right, it can be interpreted from the perspective of classical theories of right as well as from that of the ‘choice theory of right’. If, as the last states, the right to life would include the right to dispose of it, the Declaration could serve to defend euthanasia, assisted suicide and manipulative medical and surgical interventions as well.
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Shala, Irena, and Kilda Gusha. "The Debate Over Euthanasia and Human Rights." European Scientific Journal, ESJ 12, no. 8 (March 30, 2016): 73. http://dx.doi.org/10.19044/esj.2016.v12n8p73.

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The present article analyzes the debate on issue of euthanasia (voluntary assisted suicide) and the relevance of international human rights norms to that debate. Euthanasia is one of the most complex issues facing human rights, especially given its ethical, legal, medical and religious dimensions. These include: modern medical technology and the availability of medical measures to prolong life; In historical terms inherit challenging laws by refusing euthanasia; The phenomenon of growing older population and the large the number of people affected by AIDS; And fall the impact of religious organizations that consider life to be sacred: terminating a life, for whatever reason, not only infringes religious beliefs but may transgress divine activities beyond the reach of human beings. Justice system is an essential player in the debate. Although euthanasia is generally unlawful, there is an increasing movement towards legalization, particularly in western jurisdictions. Serious political and legal actions taken by euthanasia advocates and their lawyers have brought assisted suicide to the brink of legal assistance. In fact, legislation allowing voluntary euthanasia has been passed in a small number of jurisdictions, and domestic courts in other countries are being repeatedly asked to consider whether the interests at stake with regard to the right to die should be recognized. Die due to euthanasia in Albania is a criminal offense which is considered a violation of the right to live and punished according to the Criminal Code. But in the Code of Ethics and Deontology of the Order of Physicians, there is a provision, which allows the application of a form of interference, which can be interpreted in as passive euthanasia. And this decision remains entirely to the discretion of the physician.
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PETIKAM, Sailaja. "EUTHANASIA IN INDIA – LEGISLATIVE PERSPECTIVE." Revista de Drept Constituțional, no. 1 (2021): 43–49. http://dx.doi.org/10.47743/rdc-2021-1-0004.

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Every human being should enjoy right to life. Article 21 of the Indian Constitution as well as under article 3 of International Convention Universal Declaration of Human Rights, 1948, guaranteed the right to life. Every aspect of right to life has been always subject to consideration of judiciary and depend upon the facts and situations. Right to die is also claimed under this head. Euthanasia is interpreted as 'mercy killing' or 'good death'. It is advocated that there are different situations in which it should be allowed to the person to let him choose his death in place of compelling him living alive. There are different approaches in this regard which either opposes the grant of mercy killing or denies to grant the death as right to die due to some causes. Everyone has the right to live dignified life according to his wish being living into certain limits and it is expected that a human being should struggle also in adverse circumstances around him. He should not lean in front of the situations. The Indian culture gives us such teachings. Hindu religion believes in the eternity of soul. Death is only the way to change a body. The soul never dies, it is eternal. Muslim religion also believes that life should be finished only upon the wish of Allah, it condemns the unnatural ending of life. But in present society in some situations, it is defended that the person should have the right to choose death. Thus, in this context the paper concentrated on the law of euthanasia in India in a legislative perspective and judicial interpretations on euthanasia.
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Lutsenko, A. P., and D. I. Khairullina. "Prospects of decriminalization and legalization of euthanasia in Ukraine." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 55–60. http://dx.doi.org/10.24144/2307-3322.2021.64.10.

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This article is devoted to the study of the legal regulation of the institution of euthanasia in foreign practice and in Ukrainian law. We conducted a thorough analysis of the existing arguments for and against the legalization of the assisted suicide procedure, which have developed in scientific doctrine. Given the importance of the right to life in the fundamental human rights system, deprivation of any life is unacceptable, as it could set a precedent that would lead to the abuse of criminal intent by the possibility of masking premeditated murder with voluntary consent to accelerate biological death. That is why today in Ukraine deprivation of life at the request of a person is a crime, namely premeditated murder, and therefore euthanasia at the state level is now criminalized. However, after analyzing the views of scholars studying the dynamics of human rights, as well as paying attention to the practice of countries that have already legalized euthanasia at the state level, we concluded that assisted suicide today is a powerful mechanism that can guarantee the human right to a dignified existence at the end of her life. A number of foreign countries have shown by their example that the legalization of euthanasia is an important step towards building a more humane and humane society, where there is a place of mercy for terminally ill people who want to end their lives painlessly. The current position of the Constitutional Court of Ukraine on the interpretation of the right to life does not allow for its expanded understanding, and therefore there is a need to amend the Constitution (for example recognition of the right to die) or change the position of the Court. In order for the right to dispose of one's own life to be properly guaranteed in Ukraine as well, we have developed on the basis of our research and proposed an algorithm of actions that can be used in the implementation of the institute of assisted suicide in Ukraine. We emphasize the need to amend the Constitution of Ukraine or change the position of the Constitutional Court on the interpretation of the right to life and the development of an appropriate legal framework that should take into account the medical side of this issue.
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Dissertations / Theses on the topic "Euthanasia, the right to life, right to die, human rights"

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Bagvilaitė-Raugalienė, Rasa. "Teisės mirti (eutanazijos) legitimumo problema." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2006. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2006~D_20060308_114809-24831.

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The legitimating of euthanasia raise the conflict of private and social interests. While raising the autonomy and wealth of individual as an ideal order to every state in the society of the second half of twentieth century people felt, that they have a right to carry out their decisions related to their as well as to the other individual’s way of death. In 1996 in Lithuania the legislation which gave the right to the patient to reject the treatment was adopted which is why now in our country we can also raise the question whether the right to choose the treatment is not enough liberal to call it the right to choose death.
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Grove, Lourens Botha. "Framework for the implementation of euthanasia in South Africa." Diss., Pretoria ; [s.n.], 2007. http://upetd.up.ac.za/thesis/available/etd-07102008-131712/.

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Engström, Amanda. "A Human Right to Die? : The Legality of Euthanasia under the European Convention on Human Rights." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-86496.

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Yung, Nancy. "The right to be killed : reassessing the case for the moral right to voluntary active euthanasia." Thesis, University of Oxford, 2015. https://ora.ox.ac.uk/objects/uuid:2aa54686-b621-4323-b836-ce6099b5d2fd.

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This thesis defends an individual's moral right to be aided in dying by a physician (that is, voluntary active euthanasia, or VAE), but departs significantly from the view in its favor generally accepted in the bioethics literature. The prevailing view appeals to both respect for an individual's autonomy and promotion of an individual's well-being as necessary conditions for a right to VAE, so as to justify the right only for those suffering grave illnesses and/or disabilities. The author argues that such a view is logically untenable; one or another aspect must be given up. Since invoking the premise that certain individuals would be better off dead necessarily relies on controversial assumptions about both the value of life and the nature and value of death, about which reasonable people disagree, it is the justification from an individual's best interest which must be excluded in a liberal society. The author endorses a self-determination justification for the right to VAE, but rejects understanding this in terms of respecting personal autonomy, instead making the case for a right to VAE grounded in self-ownership. The author's main conclusion is that the right to VAE is a general right applying to all competent adults, not only those suffering grave illnesses or disabilities, or those whose choice for VAE is an exercise of autonomy. Moreover, by analyzing the basis of physician authority over prescription medicine and how this can be justified to a society of self-owners, she maintains that individuals have not only the right to choose VAE without state interference, but also the right to be provided VAE by doctors. Nevertheless, both rights are compatible with reasonable limitations to protect both the interests of VAE seekers and the rights of others.
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Park, Ian David. "The right to life in armed conflict." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:5c14a488-9d06-43fd-a0e2-cb5bd900b508.

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There is only passing reference made to human rights law in United Kingdom armed forces doctrine and military publications. Moreover, there is no reference made to the United Kingdom's right to life obligations in respect of those affected by the actions of the state's armed forces, or armed forces personnel themselves, during international and non-international armed conflict. As a consequence, no formal mechanism exists to ensure that the United Kingdom can comply with its right to life obligations pursuant to the European Convention on Human Rights (ECHR) and the International Covenant on Civil and Political Rights (ICCPR). Recent judgments of the European Court of Human Rights, advisory opinions and a judgment of the International Court of Justice, and views of numerous United Nations human rights bodies and rapporteurs would appear to indicate that human rights law can and does, however, apply during armed conflict. The exact nature of how human rights law, and the right to life specifically, apply during armed conflict and the obligations thus created, remain largely unresolved and generate considerable debate. This study therefore aims to consider both the extent to which the United Kingdom has right to life obligations during international and non-international armed conflict and, on the basis of current doctrine and procedures, how far the state complies with such obligations. Implicit in this analysis is a determination of what positive and negative right to life obligations are created by the ECHR and ICCPR, the extent to which these obligations have extraterritorial effect during armed conflict, how these obligations interact with the United Kingdom's obligations pursuant to international humanitarian law, and the effect of a derogation from the ECHR during armed conflict. This study concludes that the United Kingdom has both substantive and procedural right to life obligations during armed conflict, albeit partially modified by reference to international humanitarian law. Adhering to current United Kingdom military doctrine and procedures does not, however, always ensure full compliance with these obligations.
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Sandin, Cimona. "The Protection of children : the right to family right and how they can conflict." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-27214.

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Abstract This paper examines the right to family life and how it can conflict with the child’s right to protection against harm. The paper examines how the international community views the family and what rights the family has in international law.  In addition to this, the paper also looks at the different family structure a family can have and it also examine whether there are a universal definition of family. Furthermore, the paper also talks about the children and the rights afforded to them and how the rights has developed through time. The concept of childhood is a much-debated issue. There have been debates on when the childhood begins but also on when it ends and the views of the States differs somewhat. Childhood is a concept that is heavy with different psychological, physical, religious and cultural believes and practices. When the States was working on the Convention on the Rights of the Child they had to try to consolidate the different views on both the beginning and the end of childhood but it proved to be problematic. To say that the childhood began at conception would have made the convention incompatible with the national law that allows abortion and it could therefore risk that some States did not sign the convention. They therefore made a compromise that meant that the States could keep their own definition on the beginning of childhood. The family as well as the well-being of the child is important and this is reflects in international law. This paper therefore also examines the articles in international and regional treaties concerning the family and the protection of the child.  It also examines several cases from the European Court of Human Rights to illustrate how the Court has reasoned in cases where rights of the parents has been in conflict with the children’s rights and best interest. The conclusion drawn from this paper is that no set of rights weigh more than the other. They are both very important and if it is possible, the authorities shall try to balance them with each other. They have to have both what would be best for the child and the parents right to family life in mind. Even if the authorities have to remove a child from the parents care they need to have a reunification of the family as a ultimate goal to work towards.
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Tolliner, Lina. "The right to life in Europe : Its beginning and end." Thesis, Örebro University, School of Law, Psychology and Social Work, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-10917.

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The European Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) was adopted in 1950. One of the most important rights established therein is the right to life, which can be found in article 2.

The purpose of this thesis is to examine how far the scope of this right reaches concerning the beginning and the end of life. This is mainly done by examining the case-law of the European Court of Human Rights (“the Court”) which is set to monitor the observance of the rights. To make this thesis manageable, the three areas of abortion, euthanasia and the death penalty have been chosen as the starting-point of the examination.

The position of the three areas among the member states varies. Abortion and euthanasia have been regarded by the Court as sensitive areas in which the states have a wide margin of appreciation to decide on their own. This is much due to the lack of consensus within the states as to how they should be regulated.

Whether the unborn foetus is protected by the Convention and in such case to what extent is still in dispute. This is also the case concerning when life begins. The Court has stated that any right the foetus may possess is limited by the rights of the mother. They have also said that they do not want to impose a certain view on the member states.

The Commission has stated that if the foetus would have an absolute right to life under the Convention, then it would lead to serious implications for the mother, as she would not be able to have an abortion in any circumstance. Also, in Vo v. France one of the dissenting judges stated that the foetus’ right to life have to be narrower in scope than the right of the born.

In the case Pretty v. the United Kingdom the Court unanimously ruled that article 2 does not include a right to die. However some member states, like the Netherlands, have made euthanasia legal without being found to violate its obligations under the Convention. Consequently, it does not seem to be against the Convention for states to make their own legislation allowing for euthanasia to be practiced.

One important aspect to this debate is whether one considers life to be inalienable or not. The Parliamentary Assembly of the Council of Europe has said that even though the rights of the terminally ill should be respected, it does not mean that one has the right to die at the hands of someone else. The Court has also said that in this area, it is important to protect those vulnerable from being used, and therefore states have the right to legislate against euthanasia.

The situation is different when it comes to the death penalty. Two additional protocols have been adopted restricting or completely abolishing the penalty since the adoption of the Convention. In 1950 there was no possibility to exclude the right to use the death penalty from the Convention since many European states still retained it in their domestic laws. However, the development since has moved towards a complete abolition. This is for instance evident since aspiring members of the Council of Europe have to be willing to abolish the penalty to be accepted.

The Court has dealt with the death penalty in several cases. In Soering v. the United Kingdom they said that extraditing someone to a state where he or she risks being executed not automatically means a violation of the right to life or the prohibition of torture. In Öcalan v. Turkey they established that the imposition of the death penalty after an unfair trial was a violation of article 3. Also, they considered the death penalty to now be regarded as an unacceptable punishment in peace time. Abolition of the death penalty is something the Council of Europe has worked for in decades to realise.

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Yang, Hongyan. "The death penalty, the right to life and human rights in China." Click to view the E-thesis via HKUTO, 1997. http://sunzi.lib.hku.hk/HKUTO/record/B38627899.

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楊紅艷 and Hongyan Yang. "The death penalty, the right to life and human rights in China." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1997. http://hub.hku.hk/bib/B38627899.

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Lima, Andrei Ferreira de Ara?jo. "Dignidade da pessoa humana e autonomia da vontade : um estudo interdisciplinar sobre os limites ?ticos e jur?dicos nos casos de eutan?sia." Pontif?cia Universidade Cat?lica do Rio Grande do Sul, 2018. http://tede2.pucrs.br/tede2/handle/tede/8116.

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This work is the result of an interdisciplinary study between the Science of Law and Bioethics. It aims to understand the ethical and legal limits of the possible right to die, specifically euthanasia. In order to achieve that goal, we will investigate the conflict and the conformation between the fundamental right to life, to human dignity and the autonomy of the will, taking into account both doctrine and national and international jurisprudence. The main reason for the reincorporation of the subject of euthanasia into the medical and legal debate (both academic and jurisprudential) refers to the fast-moving and efficient evolution of medical science, developing treatments that can prolong the patient?s life, possibly, depending on the sickness, forever. In face of this reality, one can perceive the alteration of certain paradigms of Bioethics, such as the breaking of the paternalistic relationship between doctor and patient, the principle of beneficence according to what would be best for the patient, and the removal of unreasonable obstinacy, based on the autonomy of the will and in human dignity. In this scenario, the patients? rights are increasingly debated and new contour to the state?s duty to protect life are being given, especially when in conflict with the dignity and autonomy of the patient. In this scenario, it?s debated a possible right to die with dignity. This right promotes numerous questions, especially concerning the ethical and legal limits in cases of euthanasia, requiring the establishment of clear criteria, having as a basic principle the maximum protection of the patient?s dignity. It is emphasized that, in spite of the varied forms of assisted death, as well as the recent incorporation of ortotan?sia (term in Portuguese used for terminal patients who decline useless treatments and have their right to die granted) as legal conduct in medical ethics in Brazil, the work seeks to solve questions related to euthanasia. First classifying it, in order to avoid any form of semantic confusion. In the following points it will be discussed as a possible establishment of legal criteria as well as the practical developments, taking into account both the medical deontology and the patient?s fundamental rights.
O presente trabalho de disserta??o ? fruto de um estudo interdisciplinar entre a Ci?ncia do Direito e a Bio?tica, buscando compreender quais s?o os limites ?ticos e jur?dicos relativos a um poss?vel direito ? morte, especificamente ? eutan?sia. Para tanto, se investigar? o conflito e a conforma??o entre os direitos fundamentais ? vida, ? dignidade e ? autonomia, levando em considera??o tanto a doutrina quanto a jurisprud?ncia nacional e internacional. Elucida-se que o principal motivo para a reincopora??o da tem?tica da eutan?sia no debate m?dico e jur?dico (tanto em n?vel acad?mico quanto jurisprudencial), se refere ? r?pida e eficaz evolu??o da ci?ncia m?dica, desenvolvendo tratamentos que possam prolongar a vida de um paciente, por vezes, de modo ad eternum. Frente a essa realidade, se percebe a gradativa altera??o de determinados conceitos da Bio?tica, como a quebra da rela??o paternalista entre m?dico e paciente, o princ?pio da benefic?ncia de acordo com o que seria melhor para o paciente, e o afastamento da obstina??o irrazo?vel, todos calcados na autonomia da vontade e na dignidade da pessoa humana. Nesse cen?rio, os direitos dos pacientes s?o cada vez mais debatidos e o dever de prote??o da vida por parte do Estado passa a receber novos contornos, impondo-se limites ? dimens?o objetiva do direito fundamental ? vida, podendo prevalecer, em casos espec?ficos, a dimens?o subjetiva desse mesmo direito. Dessa rela??o entre vida, dignidade e autonomia, fala-se em um poss?vel direito ? morte digna. Contudo, restam in?meras quest?es quanto aos limites desse direito, tanto em um sentido ?tico quanto jur?dico, pois por mais que se conclua pela exist?ncia de um direito ? morte, necess?rio ser? o estabelecimento de crit?rios, limitando a autonomia dos pacientes, tendo como norte a prote??o m?xima de sua dignidade. Frisa-se que, em que pesem as mais variadas formas de morte assistida, bem como a recente incorpora??o da ortotan?sia como conduta legal na ?tica m?dica brasileira, o trabalho buscar? resolver quest?es relacionadas ? eutan?sia. Primeiro classificando-a, de modo a evitar qualquer forma de confus?o sem?ntica, para nos pontos seguintes estabelecer os crit?rios jur?dicos, bem como os desdobramentos pr?ticos calcados na deontologia m?dica.
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Books on the topic "Euthanasia, the right to life, right to die, human rights"

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Schirrmacher, Thomas. Human rights threatened in Europe: Euthanasia, abortion, bioethics convention. 2nd ed. Hamburg: Reformatorischer Verlag Beese, 2008.

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Schirrmacher, Thomas. Human rights threatened in Europe: Euthanasia, abortion, bioethics-convention. Hamburg: RVB International, 2001.

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Thomas, Schirrmacher. Human rights threatened in Europe: Euthanasia, abortion, bioethics-convention. Hamburg: RVB International, 2001.

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Schirrmacher, Thomas. Menschenrechte in Europa in Gefahr: Vortrag auf dem 1. Europäischen Forum Lebensrecht : Euthanasie, Abtreibung, Bioethik-Konvention. Hamburg: RVB, 2001.

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Romanovskiĭ, G. B. Pravo na zhiznʹ: Monografii︠a︡. Arkhangelʹsk: Pomorskiĭ gos. universitet, 2002.

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Piovesan, Flávia, Daniel Sarmento, and Bruno Torquato de Oliveira Naves. Nos limites da vida: Aborto, clonagem humana e eutanásia sob a perspectiva dos direitos humanos. Rio de Janeiro: Editora Lumen Juris, 2007.

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Endings and beginnings: Law, medicine, and society in assisted life and death. Westport, Conn: Praeger, 2000.

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Ollero, Andrés. Bioderecho: Entre la vida y la muerte. Cizur menor, Navarra: Garrigues Cátedra, 2006.

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Amnesty International. Angola, assault on the right to life. New York, N.Y. (322 8th Ave., New York 10001): Amnesty International U.S.A., 1993.

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Fabre, Cécile. To lead a flourishing life: A human right? [Toronto]: Faculty of Law, University of Toronto, 2000.

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Book chapters on the topic "Euthanasia, the right to life, right to die, human rights"

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Barcaro, Rosangela. "The Loss of the Sense of Illness: Euthanasia and the Right to Die." In Life — Interpretation and the Sense of Illness within the Human Condition, 147–52. Dordrecht: Springer Netherlands, 2001. http://dx.doi.org/10.1007/978-94-010-0780-1_10.

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Francis, Leslie J., Ursula McKenna, and Abdullah Sahin. "Religion, Human Rights and Matters of Life and Death: Exploring Attitude Toward Abortion and Euthanasia Among Adolescents in England and Wales." In Euthanasia, Abortion, Death Penalty and Religion - The Right to Life and its Limitations, 139–59. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-98773-6_6.

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Ziebertz, Hans-Georg. "Human Dignity, Religious Ethics or Hedonism – What Can Predict Young People’s Attitudes in Germany Towards the Right to Life in the Cases of Euthanasia and Abortion?" In Euthanasia, Abortion, Death Penalty and Religion - The Right to Life and its Limitations, 83–104. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-98773-6_4.

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Forster, Christine, and Jaya Sagade. "Right to a Life Free from Violence." In Women’s Human Rights in India, 99–132. Abingdon, Oxon ; New York, NY : Routledge, 2020.: Routledge India, 2019. http://dx.doi.org/10.4324/9780429320200-5.

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Esser, Robert. "The Police and the Right to Life." In The Police and International Human Rights Law, 43–59. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-71339-7_4.

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Jones, David H. "The Right to Life, Genocide, and the Problem of Bystander States." In Genocide and Human Rights, 265–76. London: Palgrave Macmillan UK, 2005. http://dx.doi.org/10.1057/9780230554832_21.

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Heupel, Monika, Caiden Heaphy, and Janina Heaphy. "Targeted killing and the right to life." In US Counterterrorism and the Human Rights of Foreigners Abroad, 118–41. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003242161-5.

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Scott, David. "Haunted by the Presence of Death: Prisons, Abolitionism and the Right to Life." In Human Rights and Incarceration, 129–51. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-95399-1_6.

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Nundy, Samiran, Atul Kakar, and Zulfiqar A. Bhutta. "Ethics in Research." In How to Practice Academic Medicine and Publish from Developing Countries?, 153–63. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-5248-6_13.

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AbstractEthics is a set of moral principles of ‘what is right?’ and ‘what is wrong?’ or, in simple words, ‘what is good and what is bad?’ When the same principles are applied to medicine, the subject is called medical ethics. It is expected that a doctor should act in a particular way and follow certain rules. Medical ethics are professional standards for physicians. Bioethics is a branch of medical ethics and deals with complex issues like euthanasia, transplant medicine, genetic medicine, assisted reproduction therapy, human cloning, and medical genomics. Medical ethics and bioethics concepts are guides for physicians and to ensure patient safety.
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Sun, Pinghua. "Protection of the Right to Life by International Human Rights Law." In Chinese Contributions to International Discourse of Human Rights, 133–42. Singapore: Springer Singapore, 2022. http://dx.doi.org/10.1007/978-981-19-0580-3_7.

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Conference papers on the topic "Euthanasia, the right to life, right to die, human rights"

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Gabrielyan, Armen. "THE HUMAN RIGHT TO LIVE AND DEVELOP TRENDS OF EUTHANASIA LEGALISATION IN THE EU." In 6th SGEM International Multidisciplinary Scientific Conferences on SOCIAL SCIENCES and ARTS Proceedings. STEF92 Technology, 2019. http://dx.doi.org/10.5593/sgemsocial2019v/1.1/s12.058.

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Kotková, Petra, and Milan Palásek. "The Right to Family Life in the Case Law of the European Court of Human Rights." In COFOLA 2021. Brno: Masaryk University Press, 2021. http://dx.doi.org/10.5817/cz.muni.p210-9981-2021-2.

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The paper deals with the case law of the European Court of Human Rights relating to cohabitation and other law aspects with this institute related. Attention will be focused particularly to clarification of cohabitation in relationship of marriage or relationship of same-sex couples, especially in connection with Art. 8 and 14 of the Convention.
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Mateeva, Zhivka. "ESSENCE OF THE RIGHT TO PROTECTION OF PERSONAL DATA." In PROTECTION OF THE PERSONAL DATA AND THE DIGITALIZATION 2021. University publishing house "Science and Economics", University of Economics - Varna, 2021. http://dx.doi.org/10.36997/ppdd2021.96.

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In the age of the information society, the possibilities for problems of personal data protection related to the danger and threat of adverse consequences for the individual are extremely high. Violation of the right of the individual in connection with the disclosure of personal data is an encroachment on privacy. This paper examines the nature of the right to the protection of personal data, which is an integral part of the right to privacy. On the basis of the analysis of the right to protection of personal data, its essential features, characteristic for the basic human rights, are derived. On this basis, the role of the right to personal data protection is outlined, finding application in various spheres of modern life.
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Nemţoi, Gabriela. "Violations of Private Life." In World Lumen Congress 2021, May 26-30, 2021, Iasi, Romania. LUMEN Publishing House, 2022. http://dx.doi.org/10.18662/wlc2021/51.

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Private life it is essential is a right, along with other rights, shapes the human being, giving it value and identity. In this consensus, the legislator through the Romanian civil code sought to impose a series of deeds aimed at infringing on private life. Thus, the listed facts can be considered as violations of private life only subject to the presented of Civil Code (Romanian Civil Code, 2009). This means that the facts indicated in art. 74 of Civil Code they cannot be qualified under any circumstances as violations of private life, but only if they are not among the violations allowed by the international conventions and pacts ratified by Romania. More specifically, those acts do not attract civil liability (payment of compensation, etc.) if they have infringed the particular life allowed under the Convention and the jurisprudence of the ECHR. The private life must be protected and guaranteed by establishing and identifying actions that are prejudicial. The article is a study that in of regulations standards demonstrate violations of the right to life. Comparative development of ECHR case law pointed out that although there is a solid legislative framework, the right to life can be violated.
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Rezer, Tatiana. "Privacy Right as A Personal Value in an Information Society." In The Public/Private in Modern Civilization, the 22nd Russian Scientific-Practical Conference (with international participation) (Yekaterinburg, April 16-17, 2020). Liberal Arts University – University for Humanities, Yekaterinburg, 2020. http://dx.doi.org/10.35853/ufh-public/private-2020-76.

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The relevance of the topic is that the continuous and rapid increase in the role and volume of information in human life leads to the need to develop ways of protecting private information as a subject of personal property and personal value. Privacy is a natural human right and is enshrined in the European Convention on the Protection of Human Rights and Basic Freedoms, as well as in the Constitution of the Russian Federation. The regulation of the right to privacy is enshrined in the Russian Civil and Criminal Codes, which provide for legal liability for violations of this right. However, with regulations in place, the human element remains and often leads to leaks of private information, which destroys the personal value of the right. The article examines the concept of the right to privacy, its importance in the information society and human life, and the ways in which it can be protected. The aim of the study is to identify ways of protecting and complementing the right to privacy in the information society. The comparative legal analysis method allowed us to identify the mechanisms for the legal protection of the right to privacy. The case-analysis method enabled us to analyse Yandex’s data breach situation, while the content analysis method allowed us to make recommendations for protecting personal data. Main conclusions: the right to privacy as a personal value in the information society has not been sufficiently addressed in the scientific literature; self-protection as well as raising human legal awareness of information technology can be used as mechanisms to protect privacy.
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Tucak, Ivana, and Anita Blagojević. "COVID- 19 PANDEMIC AND THE PROTECTION OF THE RIGHT TO ABORTION." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18355.

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The COVID - 19 pandemic that swept the world in 2020 and the reactions of state authorities to it are unparalleled events in modern history. In order to protect public health, states have limited a number of fundamental human rights that individuals have in accordance with national constitutions and international conventions. The focus of this paper is the right of access to abortion in the Member States of the European Union. In Europe, the situation with regard to the recognition of women's right to abortion is quite clear. All member states of the European Union, with the exception of Poland and Malta, recognize the rather liberal right of a woman to have an abortion in a certain period of time after conception. However, Malta and Poland, as members of the European Union, since abortion is seen as a service, must not hinder the travel of women abroad to have an abortion, nor restrict information on the provision of abortion services in other countries. In 2020, a pandemic highlighted all the weaknesses of this regime by preventing women from traveling to more liberal countries to perform abortions, thus calling into question their right to choose and protect their sexual and reproductive rights. This is not only the case in Poland and Malta, but also in countries that recognize the right to abortion but make it conditional on certain non-medical conditions, such as compulsory counselling; and the mandatory time period between applying for and performing an abortion; in situations present in certain countries where the problem of a woman exercising the right to abortion is a large number of doctors who do not provide this service based on their right to conscience. The paper is divided into three parts. The aim of the first part of the paper is to consider all the legal difficulties that women face in accessing abortion during the COVID -19 pandemic, restrictions that affect the protection of their dignity, right to life, privacy and right to equality. In the second part of the paper particular attention will be paid to the illiberal tendencies present in this period in some countries of Central and Eastern Europe, especially Poland. In the third part of the paper, emphasis will be put on the situation in Malta where there is a complete ban on abortion even in the case when the life of a pregnant woman is in danger.
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Radina, Ana. "THE CHILD’S RIGHT TO MAINTAIN CONTACT WITH BOTH PARENTS IN THE AGE OF PANDEMIC." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18322.

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The COVID-19 pandemic and the accompanying extraordinary measures engaged restrictions of fundamental human rights and liberties to an unprecedented scale. Inevitably, this had implications in the family context as well. Even though children are not considered to be an endangered category from a medical perspective, they are adversely affected by the pandemic in practically all aspects of life, in the short-term and in the long-term. One of the child’s rights directly affected is the right to maintain direct contact with both parents on a regular basis. Digital means of communication can somewhat mitigate the lack of personal contact, however, not everyone has access to the necessary technologies and there might be various disagreements about exercising such indirect contact. The closure of judiciary and social services placed the burden of resolving contact related disputes almost entirely upon parents. This paper aims to examine the relevant legal framework and measures taken in relation to the child’s right to maintain contact with both parents in the circumstances of the pandemic, with particular focus on the Croatian context and the response of the Croatian authorities to the challenges arising from this extraordinary situation, and to identify actions which could be taken in order to improve the child’s unfavourable position.
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Obradović, Dino, Marija Šperac, and Saša Marenjak. "ACCESS TO WATER SUPPLY AND SEWERAGE SERVICES." In GEO-EXPO 2020. DRUŠTVO ZA GEOTEHNIKU U BOSNI I HERCEGOVINI, 2020. http://dx.doi.org/10.35123/geo-expo_2020_2.

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One of the prerequisites for a healthy human life is access to drinking water through a public water supply service and the drainage of wastewater and polluted water using public drainage services. The Constitution of the Republic of Croatia guarantees the right to a healthy life, and the State should provide conditions for a healthy environment. The United Nations General Assembly Resolution no. 64/292 of 2010 recognizes the right to safe and clean drinking water as a human right of great importance for the full enjoyment of other human rights. The paper will present some of the indicators of access to public water supply and sewerage services, such as: percentage of connection to the public water supply system, residential water consumption, access to flushing toilets, connection to the public sewerage and connection to the wastewater treatment plant. The analysis will be made for the following countries: Albania, Austria, Bosnia and Herzegovina, Bulgaria, Croatia, Montenegro, Romania, Serbia, Slovakia and Slovenia. At the end of the paper, a conclusion will be drawn, taking into account the observed indicators for the analyzed countries.
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Dakić, Dragan. "MEĐUNARODNOPRAVNI MATERIJALNI ELEMENTI VLADAVINE PRAVA I OBIM REPRODUKTIVNIH USLUGA." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujevcu, 2021. http://dx.doi.org/10.46793/uvp21.629d.

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Starting from the position that the basic purpose of the concept of rule of law is the protection of the individuals from the power of the State, the aim of this research is to examine if the principle of rule of law contains an element that could legitimize the restrictions of the scope of services in the field of reproductive medicine by the State. In particular, the object of this research is the question whether the right to life, as a substantive element of the rule of law encompassing negative as well as positive guarantees, can be used as an excuse for restrictive regulation of medical service of artificial gestation (ectogenesis). In a broader sense, it was examined if there was introduced any binding regional standards in Europe that would require from the Member State of Council of Europe to regulate service of artificial gestation as if it was an irrevocable process. If so, it would imply inability of progenitors – consumers, to withdraw from the process and suspend consumption of the service. Necessarily, the analysis also referred to the guarantees from the ambit of Article 8 of the European Convention as another substantive international legal element of the rule of law. The research was conducted using a descriptive method that describes the content of the right to life. Further, relevant guarantees and practices of the right to life protection were synthesized into possible claims - premises, which could amount potential basis for building a restrictive syllogism as a legal framework for the State intrusion in this area. These claims are the claim of the intentionality, the claim for equality, the claim of the conflict exclusion, the claim for viability. The conclusions of this research are that presumptive claims cannot provide excuses for the extension of the right to life to an ectoagent (an embryo that develops through ectogenesis) for the reasons explained below. With regard to the guarantees contained in Article 8 of the European Convention, above all autonomy, it has double effect. First, it disconnects ultimate demands of the progenitors from the Convention; second, it confers conditional right to life eligibility to ecto-agent. This research considered second stage of ectogenesis which commence with implantation. The intended originality of the analysis is to examine if the substantive elements of the rule of law from the scope of international human rights law, can be obstacles to the development of reproductive services.
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Primorac, Željka. "COVID - 19 AS A “SIGNIFICANT CIRCUMSTANCE” FOR RISK ASSESSMENT IN LIFE INSURANCE (IN AND AFTER THE PANDEMIC)." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18311.

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The data on the health status of a policyholder represent a significant circumstance for risk assessment and concluding a life insurance contract, and are also legally relevant circumstances for exercising the rights from that contract. The author starts from a theoretical analysis of the perception of data on the health status of policyholders as personal data, comparing the right to confidentiality of such data with the duty to report them (before concluding a life insurance contract) in terms of reporting all circumstances relevant to the insurance risk assessment. In order to properly fulfil the obligation of pre-contractual nature, the paper analyses the legal norms governing this issue and also provides a comparative overview of the Croatian and German insurance legislation with special emphasis on the scope of health data that the insurer is authorised to require, the clarity of legal standards and legal insurance norms contained in the insurance questionnaires and the life insurance offer. Presenting the importance of COVID-19 infection and possible chronic consequences for human health, the author indicates the extent to which COVID-19 infection (mild or severe form of disease, possible need for hospital treatment) will have an impact on the design of new insurance questionnaires and the relevance of genetic testing results in the context of concluding future life insurance contracts.
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Reports on the topic "Euthanasia, the right to life, right to die, human rights"

1

Harris, Jody, Sarah Gibbons, O’Brien Kaaba, Tabitha Hrynick, and Ruth Stirton. A ‘Right to Nutrition’ in Zambia: Linking Rhetoric, Law and Practice. Institute of Development Studies (IDS), August 2021. http://dx.doi.org/10.19088/ids.2021.051.

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Zambians in all walks of life are affected by malnutrition, and working through human rights is one key way to address this injustice. Based on research aiming to understand how a ‘right to nutrition’ is perceived by different actors globally and in Zambia, this brief presents a clear framework for a rights-based approach to nutrition in Zambia. This framework identifies rhetorical, legal and practical functions of human rights, and offers a way to think through clearly how different actors might work on the different aspects of rights. Addressing these three aspects of a right to nutrition all together – instead of by very separate constituencies as happens now – is fundamental to a coherent rights-based approach to nutrition. This brief outlines which actors need to come together – from law and policy, activism and communities, across global, national and local levels – and suggests how to start. It lays out the Zambian policy, legal and practical environment as it stands, and suggests actions to move forward in each of these areas in ways that are consistent with the different aspects of rights. Through these steps, Zambia can become known as a hub of action on a right to nutrition, to join with others in using human rights to address the injustice of malnutrition.
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Papastergiou, Vasilis. Detention as the Default: How Greece, with the support of the EU, is generalizing administrative detention of migrants. Oxfam, Greek Council for Refugees, November 2021. http://dx.doi.org/10.21201/2021.8250.

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Putting migrants and asylum seekers into detention for administrative reasons is a common practice in Greece, despite this policy contravening human rights. Greek authorities are using detention and the new EU-funded closed compounds as a way to discourage people from seeking asylum in Europe. Detention, as outlined in Greek law, should only be used as a final resort and only then in specific instances. Detention carries with it not only a financial cost, but also a considerable moral cost. Detention without just cause violates basic human rights, such as freedom of movement, the right to health and the right to family life. Alternatives to detention exist and must be prioritized.
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