Eutanazijos įteisinimo problematika Europos žmogaus teisių ir pagrindinių laisvių konvencijos kontekste

Abstract

The goal of this master thesis is to discuss whether the legalization of euthanasia poses a potential to violate human rights outlined in the European Convention of Human Rights and Basic Freedoms. The core problem is presented through the analysis of numerous definitions of euthanasia and different forms of its implementation. In addition, the problem is researched through the analysis of varying opinions regarding the legalization of euthanasia in European countries and worldwide. The paper studies a set of human rights from the Convention as they are related to the concept of euthanasia and presents a critical research study on modern and historic facts and theories pertaining to the evolution of euthanasia. The study puts forward an opinion that a potential violation of human rights stems from the failure to legalize euthanasia rather than from making it legal. This opinion is supported by both, the courts procedures and scientific research. Euthanasia is defined as a consciously initiated end of life per request of the patient. Two major conditions for implementing euthanasia are the patient’s free will (expressed or implied) and the patient’s physical state. In order to answer whether or not legally allowed euthanasia violates the right to life, the paper analyzes whether the right to life implies the right to die. Legalization of euthanasia embraces moral and ethical issues in addition to legal implications. Therefore, the paper discusses to what degree ethical values influence and inform legal regulations. It is important to emphasize that euthanasia is practiced even without the legal status allowing it. The paper consists of three parts. Part 1 analyzes the following aspects: the concept of euthanasia, its forms, a deliberate avoidance of treatment, a study of practice in countries where euthanasia is legal. Part 2 discusses the relationship of euthanasia with a set of human rights, particularly, the right to life, the right to absence of torture, the right to personal life, the right to freedom, and the right to free choice. This part also analyzes the European Human Rights Court regulations jurisprudence on the matters of euthanasia. Part 3 presents a research study on potential dangers and fallacies once euthanasia is legalized. The paper conducts a quest on the moral aspect of legalizing euthanasia. In addition, the scholar summarizes a research on theoretical and practical aspects of legalizing euthanasia. The conclusions are derived based on the following scholarly research methods: comparative, logical – analytical, linguistic, systemic analysis, and historical analysis.