Interpretation of euthanasia in conditions of conflict of bioethical principles

Abstract

The purpose of the research article is a theoretical and legal analysis of the issue of interpretation of euthanasia in a conflict of bioethical principles, considering philosophical, medical, biological, and legal positions. The novelty of the article is a comparative analysis of the legal regulation of euthanasia in the face of differences in bioethical principles to find optimal ways to interpret the law and apply forms of control of processes related to euthanasia. The author examines the existence of ethical grounds for the legalisation of euthanasia and interprets this phenomenon from the standpoint of the universal and objective value of human life. The ambiguity of the concept of euthanasia naturally contains a set of interrelated bioethical, medical, legal, religious aspects that cannot be considered separately. Each of them is filled with polar thoughts. Moral differences between “death with mercy” and “permission to die” are based on the principles of respect for freedom and non-harm. At the regulatory level, there are differences between the categories of “murder” and “permission to die”. From a bioethical point of view, euthanasia is focused on the principle of “do not kill”, which conflicts with the principles of charity, non-harm, respect for human freedom. The conflict of bioethical principles can be resolved by distinguishing between categories such as “murder” and “permission to die”; “refusal of maintenance treatment” and “discontinuation of maintenance treatment”; “direct and indirect termination of life”; “the patient’s right to euthanasia” and “the right to refuse treatment and other medical intervention”, etc. In Ukraine, euthanasia is prohibited by law. To legalise euthanasia in Ukraine, it is necessary to make appropriate amendments to the Constitution of Ukraine and create an appropriate regulatory framework. A recommendation is made on the expediency of forming substantive and procedural criteria at the UN and WHO levels for permitting euthanasia