Challenging some myths about the right to life at the end of life. 1: Not an absolute right

2011 ◽  
Vol 6 (4) ◽  
pp. 167-171 ◽  
Author(s):  
Elizabeth Wicks
Keyword(s):  
Health Care ◽  
End Of Life ◽  
Present Article ◽  
Human Life ◽  
Right To Life ◽  
Health Care Context ◽  
The Right

This article, and a related one in the next issue, investigates some myths surrounding the application of the right to life at the end of life. The present article focuses upon the myth that the right to life is an absolute right, always requiring the preservation of life. It identifies three distinct situations in which state authorities may be justified in declining to take intervening action in order to save a life. It argues that the right to life encompasses recognition of the impossibility and undesirability of preserving human life in all circumstances and that recognition of this fact will render the right more useful in a health-care context.

scholarly journals Facing Death: Attitudes toward Physician-Assisted End of Life among Physicians Working at a Tertiary-Care-Hospital in Israel

2021 ◽  
Vol 18 (12) ◽  
pp. 6396
Author(s):  
Keren Dopelt ◽  
Dganit Cohen ◽  
Einat Amar-Krispel ◽  
Nadav Davidovitch ◽  
Paul Barach
Keyword(s):  
End Of Life ◽  
Tertiary Care Hospital ◽  
Human Life ◽  
Tertiary Care ◽  
Terminally Ill ◽  
Background Information ◽  
Care Hospital ◽  
Medical Assistance In Dying ◽  
Terminally Ill Patients ◽  
The Right

The demand for medical assistance in dying remains high and controversial with a large knowledge gap to support optimal patient care. The study aimed to explore physicians’ attitudes regarding euthanasia and examine the factors that related to these attitudes. We surveyed 135 physicians working at a tertiary-care hospital in Israel. The questionnaire was comprised of demographic and background information, DNR procedure information, encounters with terminally ill patients, familiarity with the law regarding end-of-life questions, and Attitudes toward Euthanasia. About 61% agreed that a person has the right to decide whether to expedite their own death, 54% agreed that euthanasia should be allowed, while 29% thought that physicians should preserve a patients’ life even when they expressed the wish to die. A negative statistically significant relationship was found between the level of religiosity and attitudes toward euthanasia. The physicians’ attitudes towards euthanasia are quite positive when compared to other countries. The data shows a conflict of values: the sacredness of human life versus the desire to alleviate patients’ suffering. The Coronavirus-19 outbreak reinforces the importance of supporting physicians’ efforts to provide ethical and empathic communication for terminally ill patients. Future studies should aim to improve our understanding and treatment of the specific types of suffering that lead to end-of-life requests.

scholarly journals QUALIFICATION OF CRIMES AGAINST LIFE: COMPARATIVE LEGAL ANALYSIS

2021 ◽  
Vol 1 (1) ◽  
pp. 61-67
Author(s):  
Olha Peresada ◽  
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Human Life ◽  
Criminal Code ◽  
Legal Analysis ◽  
Right To Life ◽  
Special Part ◽  
Criminal Protection ◽  
The Moment ◽  
The Right

The article considers topical issues of definition and qualification of crimes against human life in Ukraine and abroad. It is proved that the problematic issue of criminal law protection of human life is a significant differentiation of approaches to determining the moment of its onset, which reflects the medical and social criteria for the formation of an individual who has the right to life. It is shown that Ukrainian criminal law gives a person the right to life from birth, while the correct approach is to recognize the beginning of human life and appropriate criminal protection from the moment of onset 10 days after conception, which is consistent with European experience (in particular, France) and sufficiently reflects the medical features of the period of formation of a full-fledged embryo. The article also addresses the issue of the fact that Section II of the Special Part of the Criminal Code of Ukraine combines encroachment on two different generic objects - public relations for the protection of life and public relations for the protection of personal health. This provision of the criminal law of Ukraine does not correspond to the international practice on this issue. In addition, it is reasonable to believe that the two relevant categories of the object of criminal encroachment cannot be considered similar, as such an approach in certain cases can significantly complicate the classification of a criminal offense. It is emphasized that, given the exceptional importance of criminal law protection of human life, it is necessary to formulate a separate section of the Special Part of the Criminal Code of Ukraine, which covers only crimes against life as the main object of criminal encroachment.

scholarly journals Medicine Facing Death: Attitudes Toward Physician-Assisted End of Life – A Cross-Sectional Study

2021 ◽  
Author(s):  
Keren Dopelt ◽  
Dganit Cohen ◽  
Einat Amar-Krispel ◽  
Davidovitch ◽  
Paul Barach
Keyword(s):  
End Of Life ◽  
Human Life ◽  
Tertiary Care ◽  
Cross Sectional Study ◽  
Care Hospital ◽  
Cross Sectional ◽  
Medical Assistance In Dying ◽  
Empathic Communication ◽  
Wish To Die ◽  
The Right

Abstract Background: The demand for medical assistance in dying remains high and controversial. The "Dying Patient Act" (2005) legalized requiring Israeli patients to receive medical guidance regarding the care (or non-treatment) they seek at the end of life. Many doctors have made it clear that helping a patient die is opposed by their values and professional goals.Objective: To explore the attitudes of physicians regarding euthanasia and examine the factors that related to these attitudes.Methods: We conducted a cross sectional prospective study in Israel, during January-February 2019. We used logistic regression analyses to describe the association of demographic and professional factors with attitudes toward physician-assisted end of life.Results: We surveyed 135 physicians working at a tertiary-care-hospital about their attitudes regarding euthanasia. About 61% agreed that a person has the right to decide whether to expedite their own death, 54% agreed that euthanasia should be allowed, while 29% thought that physicians should preserve a patient's life even if they expressed the wish to die. Conclusion: The data shows a conflict of values: the sacredness of human life versus the desire to alleviate patient's suffering. Coronavirus outbreak reinforces the urgency of our findings and raises the importance of supporting physicians' efforts to provide ethical, and empathic communication for terminally ill patients. Future studies should aim to improve our understanding and treatment of the specific types of suffering that lead to end-of-life requests.

scholarly journals Profili giuridici dell’aborto in Irlanda. Peculiarità e prospettive della vicenda irlandese alla luce della legge Protection of Life During Pregnancy Act (2013)

2013 ◽  
Vol 62 (4) ◽  
Author(s):  
Carlo Casini ◽  
Marina Casini
Keyword(s):  
Legal Status ◽  
Human Life ◽  
Legal Aspects ◽  
Human Beings ◽  
Right To Life ◽  
Great Chance ◽  
Judicial Decisions ◽  
The Moment ◽  
The Right ◽  
Protection Of Life

Dopo vivacissisimi dibattiti e diverse decisioni giudiziarie, il Parlamento irlandese ha approvato nel luglio 2013 la legge sull’aborto Protection of Life During Pregnancy Act (2013) che però non ha fatto cessare le discussioni né sopito le inquietudini. Il contributo, supportato da un’ampia documentazione, si muove contemporaneamente su tre piani: vengono esaminati i profili giuridici (costituzionali, referendari, legislativi e giurisprudenziali) della storia dell’aborto in Irlanda, evidenziando gli aspetti che rendono peculiare la vicenda irlandese rispetto a quella degli altri Paesi europei; affronta la questione dello statuto giuridico dell’embrione umano nell’ordinamento irlandese sia nell’ambito dell’aborto, sia in quello della fecondazione artificiale (diffusa nella prassi e legittimata dalla giurisprudenza); offre interpretazioni e prospettive concrete per tutelare la vita umana sin dal momento della fecondazione in un contesto che, invece, tende a sottrarre la protezione nei primi 14 giorni di vita dell’embrione umano. One of us, l’iniziativa dei cittadini europei, promossa sulla base del Trattato di Lisbona, si presenta come una straordinaria occasione per svolgere un ruolo di contenimento delle possibili derive negative della legge recentemente approvata e per mantenere nella società la consapevolezza che la dignità umana è uguale per tutti gli esseri umani, così tutti, sin dal concepimento, sono titolari del diritto alla vita. I cittadini irlandesi potrebbero confermare con la vastità delle adesioni a “Uno di noi” la stessa volontà manifestata nei referendum del 1983, del 1997 e del 2002: “lo Stato riconosce il diritto alla vita del bambino che deve nascere”. ---------- After several lively debates and judicial decisions, the Irish parliament passed a law on abortion in July 2013 Protection of Life During Pregnancy Act (2013) which, however, has not put an end to the discussion or calmed anxieties. The contribution, supported by extensive documentation, moves simultaneously on three levels: 1. examining the legal aspects (constitutional, referendums, legislation and judicial decisions) of abortion’s history in Ireland highlighting those that make that history unique compared to other European countries; 2. dealing with the question of the legal status of the human embryo into the Irish legal system regarding both abortion, and artificial insemination (widely practiced and legitimized by law); 3. offers interpretations and concrete prospects for protecting human life from the moment of fertilization in a context which, however, tends to deprive human life of protection in the first 14 days of life. One of us, the European citizens’ initiative, promoted on the basis of the Treaty of Lisbon, is presented as an extraordinary opportunity to play a role in limiting the possible negative tendencies of the law recently passed and to maintain awareness in society that human dignity is the same for all human beings. So everyone, from conception, is entitled to the right to life. In particular, One of us gives Irish citizens the great chance to confirm the same desire expressed in the referenda of 1983, 1992 and 2002 – “The State acknowledges the right to life of the unborn child” – by signing in great numbers the “One of Us” citizen’s initiative.

Sind Marktpreise gerecht?

2000 ◽  
Vol 22 (2) ◽  
Author(s):  
Heiner Michel
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Human Life ◽  
Supply And Demand ◽  
Right To Health ◽  
Social Recognition ◽  
Market Prices ◽  
Right To Health Care ◽  
The Right ◽  
Full Protection

AbstractThis article objects to two major economistic shortcomings of Philippe Van Parijs’s Real Freedom for All: (1) Van Parijs claims that market prices are the best metric for equal real freedom. This is challenged. Market prices admittedly are the best instrument for distributive purposes at hand. They are, however, a means of transport for supply and demand contingendes. Hence market prices are to be considered as an insufficient metric for equal freedom. (2) Van Parijs claims that Real Freedom for All is all there is to social justice. This claim is rejected. Despite its demanding egalitarian ambition, Real Freedom for All fails to protect a flourishing human life. Basic human rights like the right to social recognition and, in part, the right to health care are violated. Curiously even the right to autonomy is in want of full protection. These lacks are caused by the monetarism and the Straightforward market optimism of Real Freedom for All.

Conscientious Objection in Reproductive Health Care: Analysis of Pichon and Sajous v. France

2008 ◽  
Vol 15 (1) ◽  
pp. 7-43 ◽  
Author(s):  
Adriana Lamačková
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Reproductive Health ◽  
Health Services ◽  
Health Professionals ◽  
Conscientious Objection ◽  
Private Life ◽  
Reproductive Health Care ◽  
Health Care Context ◽  
The Right

AbstractThis article explores the issue of conscientious objection invoked by health professionals in the reproductive and sexual health care context and its impact on women's ability to access health services. The right to exercise conscientious objection has been recognized by many international and European scholars as being derived from the right to freedom of thought, conscience and religion. It is not, however, an absolute right. When the exercise of conscientious objection conflicts with other human rights and fundamental freedoms, a balance must be struck between the right to conscientious objection and other affected rights such as the right to respect for private life, the right to equality and non-discrimination, and the right to receive and impart information. Particularly in the reproductive health care context, states that allow health professionals to exercise conscientious objection must accommodate this in such a way that its exercise does not compromise women's access to health services. This article analyses the European Court of Human Rights' decision on admissibility in Pichon and Sajous v. France (2001) and argues that a balancing approach should be applied in cases of conscientious objection in the sexual and reproductive health care context.

scholarly journals El Estatuto Constitucional del no nacido: evolución y situación actual en España // The constitutional status of the unborn: evolution and current situation in Spain

2018 ◽  
Vol 1 (102) ◽  
pp. 47
Author(s):  
Ángel José Gómez Montoro
Keyword(s):  
In Vitro Fertilization ◽  
Human Life ◽  
Human Embryos ◽  
Constitutional Court ◽  
Right To Life ◽  
Vitro Fertilization ◽  
Indication System ◽  
Criminal Protection ◽  
The Right

Resumen:El presente trabajo es un análisis de cómo ha evolucionado la protección del no nacido en España desde la aprobación de la Constitución de 1978. Se centra, en particular en el estudio de la legislación y de la jurisprudencia constitucional sobre dos temas especialmente relevantes y controvertidos: la regulación del aborto, de un lado, y de la fecundación in vitro y uso de embriones, sus tejidos y órganos, de otro. Tanto el legislador como la doctrina del Tribunal Constitucional se han inclinado por una protección gradualista de la vida humana en formación que deja abiertos muchos interrogantes desde la perspectiva del derecho a la vida (art. 15 CE) y la dignidad humana (art. 10.1 CE)Summary:1. The Introduction Of Abortion In Spain And The STC 53/1985: a) From Criminalization To Decriminalization In Certain Circumstances; b) STC 53/1985: i) Right To Life And Prenatal Life; ii) The Life Of The Unborn As A Constitutional Interest; iii) The Constitutionality Of The Indication System; iv) The Conditions For The Constitutionality Of Decriminalization; c) The New Regulation. 2. From The «Indication System» To The «System Of Deadlines»: Organic Law 2/2010 Of 3 March On Sexual And Reproductive Health And Voluntary Termination Of Pregnancy: a) The Evolution Of Abortion In Spain Under The 1985 Act;b) The Arguments For The Reform And The Context Of The New Regulation;c) The New Regulation. 3. An Open Debate: a) The Conditions For The Constitutionality Of Decriminalization; b) The Failed Reform Of The Act. 4. The Weak Protection Of The Embryo In The Legislation On In Vitro Fertilization And The Use Of Embryonic Organs And Tissues, And The SSTC 212/1996 And 116/1999: a) Act 35/1988 On Assisted Reproduction Techniques, And Act 42/1988 On Donation And Use Of Human Embryos And Fetuses And Their Cells, Tissues And Organs; b) Negation Of The Right To Life Of The Embryo And Consequences For Its Consideration As A Constitutionally Protected Legal Interest: i) The Embryo Does Not Hold The Right To Life; ii) Two New Categories:Pre-Embryos And Non-Viable Embryos And Their Legal Relevance; iii) Surplus Embryos; iv) The Absence Of Any Criminal Protection; v) A Weak Concept Of Dignity. 5. Legislative Evolution; 6. A Model For The Gradual (Dis)Protection Of Unborn Human Life.Abstract:This paper analyzes the evolution of the protection of the unborn human life in Spain since the enactment of the 1978 Constitution. It focuses, in particular, on the study of the laws and the constitutional jurisprudence on two relevant matters: the regulation of abortion; and the in vitro fertilization, the use of embryos their tissues and organs. The legislator and the decisions of the Constitutional Court have opted for gradualist protection of the embryo that leaves many questions open from the perspective of the right to life (Article 15 SC) and human dignity (Article 10.1 SC).

scholarly journals Comparison of Maqasid al-Shari�ah asy-Syathibi and ibn �Ashur perspective of Usul al-Fiqh four mazhab

2020 ◽  
Vol 3 (2) ◽  
pp. 185
Author(s):  
Alfa Syahriar ◽  
Zahrotun Nafisah
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Human Life ◽  
Right To Life ◽  
Basic Rights ◽  
The World ◽  
Way Of Thinking ◽  
The Right

Islamic law is established to ensure that human interests related to basic rights inherent in their lives include: the right to life, descent, wealth, thought and respect, can be realized. According to the reality, the problems that arise related to these rights are very complex and sustainable. This consideration necessitates efforts to realize Islamic humanist law in the interests of human life. In Usul Fiqh there is the concept of maslahat, as a standard of how basic human rights can be ensured of their fullness and sustainability. And the theory of Maqashid al-Sharia is seen as quite effective in realizing benefit, which means it is a necessity to study the thoughts of al-Shathibi and Ibn Ashur, because both are seen as very influential figures in the development of Maqashid al-Sharia. Therefore, this study is intended to study in a qualitative-comparative way of thinking of the two figures using the Maqashid al-Sharia framework according to the Ulama of Ushul Fiqh of the Four Mazhab. The results of this study can be stated that the orientation of the theory of Maqashid al-Sharia according to al-Shathibi to realize the benefit of the world and the hereafter, while Ibn Ashur limits only the world. Furthermore, the theory of Maqashid al-Sharia al-Shathibi and Ibn Ashur in the review of Usul Fiqh of Four Mazhab can be stated still in the context permitted by Islamic Sharia.

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