Euthanasia and Assisted Suicide – History, General Foundations, and Reflections on the Draft Law on Palliative Care, End-of-Life Decisions, and Euthanasia. Part II.

Abstract

The second part of the article is devoted to analyzing the practical and legislative aspects of the draft law on palliative care, decision-making at the end of life, and euthanasia. It follows from the first part, which examined the historical, philosophical, and legal foundations, and develops a discussion of specific issues that this proposal has raised in the public and professional debate. The article analyzes the constitutional and legal framework of assisted death, including the current case law of the Constitutional Court of the Czech Republic dealing with the issue of the right to life, the right to self-determination, the right to respect for human dignity, and their relationship to assisted death. It also deals with the issue of the possibilities of abuse of assisted death concerning Czech and foreign medical practice. It defends the draft law with regard to foreign experience and impacts. It considers why the draft law includes both forms of assisted death, i.e., both actively requested euthanasia and assisted suicide. The article's essential topic is also the relationship between palliative care and assisted death and their possible legislative connection. The author also compares various foreign control models, especially the ex ante model in Spain and the ex post model in the Netherlands, and examines the ethical and legal consequences of transferring responsibility from the individual to the institution. The article addresses some of the criticisms of judicial and expert authorities against the draft law, and in the conclusion, summarizes the possibilities of de lege ferenda. It emphasizes respect for personal autonomy and human dignity, including in their decision-making at the end of life.