Passive Euthanasia

This is a presentation on the topic Euthanasia in Buddhist viewpoint. Euthanasia is contradictory and critical topic in the intellectual field today. So this presentation provides Buddhist perspective on the euthanasia providing sources from Buddhist Doctrine

Euthanasia represents a relevant question in contemporary society which encompasses several scientific disciplines and approaches. But primary it is a philosophical question in the field of ethics. At the beginning I defined the key concepts (euthanasia, physician assisted suicide, active and passive euthanasia). In the following pages I provided arguments for voluntary active euthanasia as something that might be acceptable from the rational point of view. Later on I focused on the dividing line between active and passive euthanasia and tried to show that in the Nazi Germany they were not performing euthanasia on people and also tried to show that the acceptance or legalislation of euthanasia would not lead in the mass murders. I also mentioned the Hippocratic Oath that even today still represents a legitimate point of reference for some people in writing of Slovenian Code of Medical Ethics. At the end I showcased the Netherlands as an example of country with legalised voluntary active euthanasia.

The aim of this article is to use data from Belgium to analyse distinctions between palliative sedation and euthanasia. There is a need to reduce confusion and improve communication related to patient management at end-of-life specifically regarding the rapidly expanding area of patient care that incorporates a spectrum of nuanced yet overlapping terms such as palliative care, sedation, palliative sedation, continued sedation, continued sedation until death, terminal sedation, voluntary euthanasia, and involuntary euthanasia. Some physicians and nurses mistakenly think that relieving suffering at the end of life by heavily sedating patients is a form of euthanasia, when indeed it is merely responding to the ordinary and proportionate needs of the patient. Concerns are raised about abuse in the form of deliberate involuntary euthanasia, obfuscation and disregard for the processes sustaining the management of refractory suffering at the end of life. Some suggestions designed to improve patient management and prevent potential abuse are offered.

ENG: Euthanasia
Introduction
1. Euthanasia from a socio-philosophical and historical point of view
2. Euthanasia from a criminal point of view
3. Types of euthanasia
4. International experience of euthanasia
CONCLUSION

Introduction
      Euthanasia, as enshrined in Article 135 of the Criminal Code, is a highly controversial criminal offense that differs from country to country. It would not be appropriate to approach euthanasia only within the framework of existing legislation in order to clarify the controversial points of euthanasia, to understand how and how it is properly established, given that the definition given in the Criminal Code is very short and specific. In order to get to the essence of the crime of euthanasia, we will try to approach it from different angles and come to the right conclusion...

...CONSLUSION
      As a result of the development of modern technology, artificial prolongation of human life has become quite normal. This creates great difficulties for doctors and family members when the patient's physical and mental suffering cannot be killed at his own request, especially when the patient is unable to express his will. Physicians who passively fail to take certain measures to prolong a patient's life are considered criminals and, on the other hand, close family members of the patient file a lawsuit demanding the cessation of such measures. We hope that the result will be achieved as soon as possible, which will not put the patient, medical staff or close relatives of the patient in a difficult situation.
      We believe that the legislation of Azerbaijan has established euthanasia as a mitigating circumstance in the CC, establishing the best option for the current situation.

LITERATURE
1. Commentary to the Criminal Code of the Republic of Azerbaijan. H.e.d., prof. Edited by FY Samandarov. "Law Publishing House", Baku, 2013, Part I.
2. Criminal Code of the Republic of Azerbaijan. “Law Publishing House”, Baku, 2019.
3. Plenum Decision of the Supreme Court of the Republic of Azerbaijan of 12 December 2002 on the case law on cases of premeditated murder.
4. Encyclopedia Britannica, Euthanasia (britannica.com/topic/euthanasia).
5. John D Papadimitriou, Euthanasia and suicide in antiquity: viewpoint of the playwrights and philosophers, Journal of the Royal Society of Medicine, 2007 january.
6. Firavan Alizadeh, Euthanasia: The right to death or crime ?, Elsa Azerbaijan Law Journal IV issue, 2015-2016.
7. Samedaga Samadzade, Euthanasia: The right to death or crime ?, Elsa Azerbaijan Law Journal IV issue, 2015-2016.
8. Hegel, Philosophy of Law, 1821.

The paper presents a comparative analysis of the positions of the courts in respect with the necessity of a court's authorization to terminate life-support. Some courts hold that it is mandatory in any case, while the other reduce the role of the tribunals only to disputes arising from the decision to withdraw life-support.

Key words: withdrawal of treatment, passive euthanasia, family law, judicial approval, terminally ill patients.

Būtinybė gauti teismo leidimą civilinėse bylose dėl nepagydomai sergančių pacientų gyvybės palaikymo nutraukimo Straipsnyje pateikiama lyginamoji teismų pozicijų analizė dėl būtinybės gauti teismo leidimą nutraukti gyvybės palaikymą. Kai kurie teismai mano, kad tai yra privaloma bet kuriuo atveju, o kiti sumažina teismų vaidmenį tik ginčuose, kylančiuose dėl sprendimo atsisakyti gyvybės palaikymo.

Pagrindiniai žodžiai: gydymo nutraukimas, pasyvi eutanazija, šeimos teisė, teismo leidimas, nepagydomai sergantys pacientai.

Litigation concerning the violation of patient's rights, which are associated with informed consent, confidentiality, right to information and medical records, as well as occasionally with end-of-life decisionmaking are quite frequent in common law and civil law jurisdictions, and has lasted for over a century in issues concerning malpractice, or unauthorized medical interventions and breaches of medical confidentiality. However, what could we say about medical law-related litigation in Japan? Technically, the legal system of Japan is a civil law one, but is practically post-traditional, which is reflected in extreme paternalism in healthcare and patient-physician relationships, which could be observed before the recent decades and which still has some impact on the modern Japanese medical law, despite the number of medical law-related litigation is becoming more frequent nowadays. The Japanese legislation does not have a specific "patient's rights law" in contrast to European states, and most of the principles relating to medical malpractice derive from case law-the practice of the Supreme Court and of the lower courts. Each of the decisions strongly depends upon the factual circumstances, and the post-traditional features of the legal system may have some impact on it.

The advance of medical technologies since the mid-20th century has enabled to prolong a patient’s life in critical situations, though not all patients would tolerate to undergo such treatment. Therefore, the legal question encompass- ing the problem was to resolve the issue of a patient’s refusal of life-sustaining treatment. Since most of such patients are usually irresponsive and lack legal capacity, a solution featuring a legal document akin to a testament or trust has been proposed in the early 70s. Upon the gist of this document, a patient having full legal capacity would anticipate his/her further incapacitation and command to conduct or refuse medical treatment. His/her will, which is reflected in a «living will» has to be notarized, and upon the jurisprudence of various countries worldwide, though not omnipresently, affirmed by a court in order to avoid fraud and satisfaction of the illegitimate interests of third parties.

Despite being introduced in the 1970s, living wills are still seldomly drafted by patients. In such case, when the patient lacking a living will falls incapaci- tated, his/her legal representatives and/or the healthcare institution commence civil proceedings so as to define the future fate of the patient using the concept of a substituted judgment, constructed by the courts upon the evidence of the past beliefs and habits of the said person, which requires extensive witness testimony. Resolving the presumed will of the patient is a very complicated issue, and in terms of lack of evidence, courts are not likely to authorize ter- minating the patient’s treatment, acting with a «negative» presumption to rule so. However, courts still may rule that futile treatment is not of the best interests of the patient (which is frequent in respect with minor patients who were born with major congenital ailments).

Therefore, a living will, if legitimately drafted, is considered as a firm evidence of the will of the incapacitated person to continue, or to terminate treatment. The «living will» is an entirely voluntary-drafted document and is void upon the fact of undue influence, like an ordinary testament. The intro- duction of such document into the national legislation requires adopting vari- ous legislative acts, and such document is not legally valid unless provided by appropriate legislation. A living will reflects the will of the patient, not his/her legal representatives, and may not be drafted by them. In rare exemptions, the patient, unable of writing, may dictate the will’s content to a duly authorized person (e.g., a guardianship judge, like in Italy). Thus, the approval of the living will execution is the compliance with the will of the patient concerned: his/her guardian expresses his/her will, and the court affirms it. The control- ling function of the courts is hereby apparent. All in all, the «living will» is a considerable institute of private law, enacted in various countries worldwide and has its legal prospects in Ukraine, as well.

Concepts of Death Throughout Turkish History A Historical Perspective of Religious Ethics in Connection with a Dying Patient”. Health, Culture and the Human Body Epidemioloy, Ethics, and History of Medicine, Perspectives from Turkey and Central Europe. Eds. İ. İlkılıç, H. Ertin, R. Brömer, H. Zeeb, BETİM Center Press, İstanbul 2014, s. 497-522. ISBN 978-605-86957-1-9.

Recent rapid advances in the medical world have led to the prolongation of the dying process, bringing issues such as euthanasia, physician-assisted suicide or assisted death to the attention of the world, including the Muslim countries. Since death is one of the most salient phenomena which provoke a powerful religious recognition, it is not surprising that Islam and Muslims have a meticulous approach to the issues related to death. Taking its cue from this realization, the main topic of this paper is to investigate Islam’s response to issues related to any intervention into the end of life, with a special focus on the case of euthanasia.