– gives in some stages a patient’s family the

– Freedom of thought,
conscience and religion, according to 18th Article.

– Right to respect
for private life, according to 17th Article;

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– Freedom from cruel,
ihnuman or degrading treatment, according to 7th Article;

– Right to life,
according to 6th Article;

There will be always
contraversary opinions talking about euthanasia. The most important thing is
that every human has rights according to the International Convenant on Civil
and Political Rights (ICCPR). Some of them can be engaged in the practice of
euthanasia:

In conclusion it
should be said that the question euthanasia has pros and contras, advantages
and disatvantages. The legitimacy of euthanasia provides appropriate support
and regulation as well as necessary safeguards for patients and doctors. The
right to choose is also an argument that releated to support of this
legislative approach. It is said by Supreme Court Justices that everything is
based upon the autonomy of the individual. Arguments against include the point
of view that the doctor has the healers’ – not killers’ role, as described by
the Hippocratic Oath. The role of palliative care has also to be taken into
consideration. Basing on the concept of palliative care its role is to provide
support and appropriate quality of life, letting the natural processes to
course.

Worldwide the
situation is following: all states have legislation for enduring powers of
attorneys (or guardianship) and all states (excluding Tasmania and New South
Wales) have legislation for advancing directives. In order to understand the
process better, some of comparative examples should be mentioned. In United States
of America advance directives are mostly provided. Enduring power of attorney
or quardianship also exists in all states in the United States. It means that
enough competent adults have rights to state that they do not want to be kept
alive by medical support in the later stages of disease. When an adult is
incompetent legislation gives in some stages a patient’s family the chance to
make decision about the necessity of medical treatment. Similar situation can
be seen in the United Kingdom which is regulated by the Mental Capacity Act UK
(2005) and gives a person the right to make a decision itself refusing
healthcare treatment in situations where it would result in death. Comparing to
the United States the UK Act allows to appoint an agent – a person who will act
on the behalf of the patient if accidentally he will loose capacity to make a
decision itself. The attorney can be also authorised to give or refuse the
medical treatment. In some provinces of Canada the legislation allows to make
advance directives that will take into consideration a person’s wishes
regarding their future health care. Similar to the legislation of the UK a
person – decision-maker, that can make health care decision if a patient
becomes incompetent.

The act of voluntary
euthanasia is regulated by each state and terrirory allowing to provide in a
formal and legal manner the previously described wishes of patients. In
Australia, for example, there are two existing forms of instruments that may
regulate the withdrawing or withholding of medical treatment: advancing
directives (Advance Care Directives Act 2013) and enduring powers of attorney
(or guardianship) – Advance Care Directives Act 2013. It is shown that the
legislative regulation in Australia is complex. However, the Australian context
bases on International Australian Human Rights Comission of Euthanasia and
human rights.

Before analysing the
legal side of euthanasia, its clear definition should be given. The word itself
is derived from the Greek word „euthanatos” which means „easy death” – the
process which helps to reduce pain, suffering as well as changes in quallity of
life resulting from different physical injuries and psychological traumas. The
term „euthanasia” is oftenincorrectly used characterising one kind of practice.
In reality there are different kinds of euthanasia describing its main forms.
Thus, there is voluntary and involuntary euthanasia that has passive and active
forms. However, I would like to pay attention to voluntary euthanasia. When
medical treatmemt is withheld or withdrawn from a patient at his request (in
order to end the patient’s life), we talk about passive voluntary euthanasia.
When the process is made at the patient’s request and when the medical
intervention takes place, the process is called active voluntary euthanasia.
The practise of euthanasia occurs in Australia. The Royal Australian College of
General Practitioners states that the doctor’s responsibility includes
relieving suffering and when death is unevitable it should be allowed to occur
with comfort and dignity. In addition there is a legal side of the question
where the causes of death are classified by law.

Sounds ridiculous but
it is true: while doctor’s ethical duty is to save a life, there also should be
an ability to get rid of it and relieve suffering. The mainidea is that the
ones support a possibility to have a „good and light” death, others believe
that a person should live untill the end of his life, no matter how hard it is.
This topic is sensitive in terms of ethics and human rights principles.