THE RIGHT TO LIFE AND EUTHANASIA

• Main Author: Mirjana Živković
• Format: Article
• Language: English
• Published: University Business Academy in Novi Sad Faculty of Law for Commerce and Judiciary 2015-06-01
• Series: Pravo
• Online Access: https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/132

THIS study shows legal inconsistencies, dilemmas and insufficiently precise defined terms which make the fundamental human right – right to life. Some problems of this sacred human right were reviewed such as a legalization of abortion and dilemma whether a fetus has the right to life or not; then the problem of the abolishment of death penalty existing in both democratic and non-democratic countries, under the exuse of maintaining the order in the country or because of the faith; the legalization of euthanasia, which is in its nature opposite to the right to life, but finds a support in other human rights, such as the right to self-decision and right to autonomy. There are shown an active and passive euthanasia, a suicide committed with doctors` help as well as the supported suicide, with all similarities and differences including the accompanied penalties in all countries, except Belgium, Switzerland, Netherland, Luxembourg, Albania, Columbia and three US states: Oregon, Montana and Washington in which the suicide committed with doctors` help is legal. In order to make any form of euthanasia legal, it is necessery to create legal prerequisite conditions which will precisely define on which terms it could be done. Except a patient`s written request, it is necessery to form a team of experts that will make decisions for every patient by a consensus. They will also determine the way, time and other terms on which it could be done including an executor.