Full text of the paper:
Collected Papers of the Faculty of Law, University of Novi Sad
2017, vol. 51, No. 2, pp. 317–336
Language of the paper: Serbian
Original scientific paper
udk: 343.61:179.7
doi: 10.5937/zrpfns51-14925
Authors:
Darko Simović, Ph.D., Full Professor
Academy of Criminalistic and Police Studies Belgrade
darko.simovic@kpa.edu.rs
Biljana Simeunović-Patić, Ph.D., Associate Professor
Academy of Criminalistic and Police Studies Belgrade
biljana.sp@kpa.edu.rs
Abstract:
The paper analyses ethical dilemmas and conflicting issues tied to euthanasia and the institutionalization of the right to a dignified death, viewed through a prism of arguments in favour of and against euthanasia, solutions of comparative law and the practice of the European Council and The European Court of Human Rights in this field, as well as the existing practices of physicians with respect to the implementation of various modalities of euthanasia. At the national lavel, the topic is becoming of interest as the Preliminary Draft of the Civil Code, in essence foresees, that this right can be effectuated in exceptional cases whereby all humane, psycho-social and medical conditions are fulfilled; whilst in a public hearing regarding the proposed solution showed a lack of readiness of the expert public, primarily medical, for radical changes in this field. Taking into consideration that passive euthanasia, whereby an incurable disease is allowed to run its course is widespread in medical practice, and that palliative care cannot provide all dying patients with cumbrous symptoms a peaceful and dignified death, the question of the right to euthanasia should be approached without hypocrisy. Access to euthanasia should be enabled, but under strict conditions, exclusively to individuals that are in the conclusive stages of an incurable illness, where death within a foreseeable time period is inevitable. Conditions and procedures tied to euthanasia should be precisely defined, so as to avoid its misuse and to establish clear rules in terms of physician accountability.
Keywords:
euthanasia, right to life, right to dignified death, assisted death, physician-assisted suicide.