Euthanasia or Palliative Care: Legal Principles of the Implementation in the Context of the Realization of Human Rights to Life

Abstract

Introduction: The right to life – is natural inherent human right, the fundamental principle of the existence of mankind, recognized by all civilized countries. It is enshrined in numerous international and national legal acts as the most important benefit of a man. However, there are discussions about the use of euthanasia. Therefore, the problem of the legalization of euthanasia requires careful study. The aim: The purpose of this article is to analyze and systematize existing problems of the legalization of euthanasia. The main objective of the article is to study the legal grounds for the introduction of euthanasia in the context of realizing the right to life, to study the content of palliative care, to distinguish the barriers to its development, and to formulate propositions for their elimination. Materials and methods: Theoretical (analysis, synthesis, generalization, systematization, etc.) and empirical methods (observation, survey, classification, etc.) were used in the course of the research. Results: The author has revealed the negative attitude of medical staff to the possibility of using different forms of euthanasia during the study. The reasons for the positive attitude of patients, who were in the thermal stage to the euthanasia, have been determined. It has been established that the correction of most causes leads to a significant reduction in the percentage of positive attitude to euthanasia. The arguments of opponents and supporters of the legalization of euthanasia procedure have been analyzed. On this basis the author has proved the objective absence of legal grounds for the legalization of euthanasia procedure and direct violation of human rights to life. Conclusions: The author has proved the expediency of the development of palliative care as an alternative to euthanasia, has outlined the obstacles to its development, has offered to develop regulatory base for the legal regulation of the provision of palliative care, to establish the National Coordination Council on palliative and hospice care, to form the system of state control over the quality of provision of palliative care and observance of the rights of patients.

Prospects of Euthanasia Legal Regulation in Ukraine

“…On the contrary, more and more recently euthanasia opponents have been saying that there is a need for an adequate care for the terminally ill. Palliative care with its "right" ideology, which aims to achieve the best quality of life for patients and their families, is an alternative to euthanasia. Therefore, it is necessary to develop, approve and fund State programs for the development of palliative care and hospice care, to establish a National Coordination Council for palliative care and hospice care, to create a legal framework for the legal regulation of palliative care, to establish a system of state control over the quality of palliative care and palliative care patients in the palliative care process through accreditation and licensing of palliative care facilities [25]. Note that it is necessary to distinguish between palliative sedation and terminal sedation.…”