Euthanasia and Assisted Suicide – History, General Foundations, and Reflections on the Draft Law on Palliative Care, End-of-Life Decisions, and Euthanasia. Part I.
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Abstract
This article, in its first part, addresses the legal, ethical, and historical aspects of euthanasia, assisted suicide, and other end-of-life decision-making processes. The first section explores the paradigm shift in medicine and the approach to dying in the 20th century. The second section provides an analysis of the historical development of euthanasia and assisted suicide, including their legal regulation in certain countries. The third section summarizes key de lege ferenda questions crucial for establishing a comprehensive legal framework. The fourth section examines issues related to the right to a dignified death, the right to self-determination, the right to respect for human dignity, and other personality rights. Furthermore, it discusses the constitutional framework, the case law of the European Court of Human Rights, where questions of autonomy and personality rights play a central role, and includes a comparison of selected constitutional court decisions in Germany, Austria, and Italy. Lastly, it addresses the potential misuse of assisted dying.
This first part precedes the second, which will focus in detail on the Czech draft law on palliative care, end-of-life decision-making, and euthanasia from 2020. It also examines critical issues, including an analysis of the challenges faced by the expert group during the drafting of this law.
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