Therefore, the Supreme Court has recommended to Parliament to consider the feasibility of deleting Section from the Indian Penal Code 3. The practice of palliative care counters this view, as palliative care would provide relief from distressing symptoms and pain, and support to the patient as well as the care giver.
Palliative care is an active, compassionate and creative care for the dying 6. It is the duty of the State to protect life and the physician's duty to provide care and not to harm patients. If euthanasia is legalised, then there is a grave apprehension that the State may refuse to invest in health working towards Right to life.
Legalised euthanasia has led to a severe decline in the quality of care for terminally-ill patients in Holland 7. Hence, in a welfare state there should not be any role of euthanasia in any form. Symptom of mental illness : Attempts to suicide or completed suicide are commonly seen in patients suffering from depression 8 , schizophrenia 9 and substance users It is also documented in patients suffering from obsessive compulsive disorder Hence, it is essential to assess the mental status of the individual seeking for euthanasia.
In classical teaching, attempt to suicide is a psychiatric emergency and it is considered as a desperate call for help or assistance. Several guidelines have been formulated for management of suicidal patients in psychiatry Hence, attempted suicide is considered as a sign of mental illness Malafide intention : In the era of declining morality and justice, there is a possibility of misusing euthanasia by family members or relatives for inheriting the property of the patient.
The Supreme Court has also raised this issue in the recent judgement 3. Hence, to keep control over the medical professionals, the Indian Medical Council Professional Conduct, Etiquette and Ethics Regulations, discusses euthanasia briefly in Chapter 6, Section 6. There is an urgent need to protect patients and also medical practitioners caring the terminally ill patients from unnecessary lawsuit.
Law commission had submitted a report no to the government on this issue Emphasis on care : Earlier majority of them died before they reached the hospital but now it is converse. Now sciences had advanced to the extent, life can be prolonged but not to that extent of bringing back the dead one. This phenomenon has raised a complex situation.
The principle is to add life to years rather than years to life with a good quality palliative care. The intention is to provide care when cure is not possible by low cost methods. Hence, euthanasia for no cure illness does not have a logical argument. Whenever, there is no cure, the society and medical professionals become frustrated and the fellow citizen take extreme measures such as suicide, euthanasia or substance use.
In such situations, palliative and rehabilitative care comes to the rescue of the patient and the family.
At times, doctors do suggest to the family members to have the patient discharged from the hospital wait for death to come, if the family or patient so desires.
Various reasons are quoted for such decisions, such as poverty, non-availability of bed, futile intervention, resources can be utilised for other patients where cure is possible and unfortunately majority of our patient's family do accordingly. Many of the terminally ill patients prefer to die at home, with or without any proper terminal health care.
The societal perception needs to be altered and also the medical professionals need to focus on care rather in addition to just cure. The motive for many euthanasia requests is unawareness of alternatives.
However, when patients hear that a lot can be done through palliative care, that the symptoms can be controlled, now and in the future, many do not want euthanasia anymore Commercialisation of health care : Passive euthanasia occurs in majority of the hospitals across the county, where poor patients and their family members refuse or withdraw treatment because of the huge cost involved in keeping them alive.
If euthanasia is legalised, then commercial health sector will serve death sentence to many disabled and elderly citizens of India for meagre amount of money. This has been highlighted in the Supreme Court Judgement 3 , Research has revealed that many terminally ill patients requesting euthanasia, have major depression, and that the desire for death in terminal patients is correlated with the depression In Indian setting also, strong desire for death was reported by 3 of the advanced cancer patients, and these had severe depression They need palliative and rehabilitative care.
Palliative care actually provides death with dignity and a death considered good by the patient and the care givers. This argument is further defended for those, who have chronic debilitating illness even though it is not terminal such as severe mental illness.
Majority of such petitions are filed by the sufferers or family members or their caretakers. Al contrario, la prudencia humana y cristiana sugiere para la mayor parte de los enfermos el uso de las medicinas que sean adecuadas para aliviar o suprimir el dolor, aunque de ello se deriven, como efectos secundarios, entorpecimiento o menor lucidez.
En muchos casos, la complejidad de las situaciones puede ser tal que haga surgir dudas sobre el modo de aplicar los principios de la moral. Cada uno tiene el deber de curarse y de hacerse curar. The number of performed euthanasia in Belgium slightly increased after legalization, and raised the question of whether the deprivation of life of grace is normal medical practice or not.
According to the Report from , in merciful deprivation of life from mercy was conducted, which is average about 17 euthanasia per month, i. However, the number of performed euthanasia has grown rapidly over the coming years, so in about euthanasia was reported which is slightly less than the previous year, when they reported deaths , and in there were 1. Luxembourg is the third country in Europe which legalized euthanasia, and which legislator brought euthanasia and assisted suicide law on 20 February , and which entered into a force on 16 May year Compared to the last two described laws, this law is similar, but not identical with them.
The conditions for this procedure are set more or less on the same way. An important difference with the previously described legislations lies in the fact that physician has to seek prior approval from the National Council in order to perform a euthanasia Deprivation of life from compassion throughout the history of humanity appears as a question that engrosses the attention of lawyers, doctors, sociologists around the worlds.
Bypassing the countries that privilege euthanasia as less serious murder, in this paper we have dealt with some legislations that this phenomenon strictly prohibit, and those that deprivation of life out of compassion treat as a permitted medical procedure. In Islamic countries, such as Iran, Turkey and part of Bosnia and Herzegovina, euthanasia is an ordinary murder, punishable by serious criminal sanctions.
At the opposite pole are the Western European countries, more specifically, the Benelux countries Netherlands, Belgium and Luxembourg , in which deprivation of life from the grace does not constitute a crime, if it was carried out in accordance with the clearly defined legal rules and medical procedure. In this way, we show how a life situation may be in different legal areas regulated in completely different way.
Exactly this lack of harmony in the legislative solution in some European and American countries has led to the some adverse events, such as death tourism , as a phenomenon where inhabitants of one country, where euthanasia is prohibited, travel to another state where it is allowed, and where physicians can perform euthanasia.
In order to avoid this, it is necessary to achieve a certain degree of harmonization of legislations, or to set appropriate limit in the legislations that legalized euthanasia. However, how it is possible to achieve, time will show. This work was supported by Faculty of Law, University of Kragujevac. The authors declare that there is no conflict of interest.
National Center for Biotechnology Information , U. Iran J Public Health. Author information Article notes Copyright and License information Disclaimer. Received May 14; Accepted Jul This article has been cited by other articles in PMC.
Abstract Background Euthanasia is one of the most intriguing ethical, medical and law issues that marked whole XX century and beginning of the XXI century, sharply dividing scientific and unscientific public to its supporters and opponents. Keywords: Euthanasia, Murder, Legalization, Legal solutions.
Introduction Euthanasia, i. Euthanasia as murder In the world were crystallized three approaches in the legislative regulations of this matter, and we will briefly point out the solutions in some jurisdictions. Euthanasia in Netherlands The first associations about the Netherlands for many years have been related to the beautiful canals, parks, windmills, rich museums, and unique architecture.
According to the law, euthanasia is permitted upon meeting of the following requirements: The request originates from the patient, and is given free and voluntary; The patient suffers intolerable pain, which cannot be facilitated: Patient is aware of his medical condition and perspectives; Euthanasia is last sanctuary for patients, because there are no other alternative; The doctor, who has to perform an euthanasia, consulted a colleague who has experience in this field, and which has examined a patient and agreed that all conditions are met for euthanasia or assisted suicide, and Euthanasia or assisted suicide is performed with the necessary care Euthanasia in Belgium The idea of legalizing euthanasia in Belgium emerged at the beginning of the 80s of the XX century, in the action of two associations for the right to die with dignity.
Euthanasia in Luxembourg Luxembourg is the third country in Europe which legalized euthanasia, and which legislator brought euthanasia and assisted suicide law on 20 February , and which entered into a force on 16 May year Conclusion Deprivation of life from compassion throughout the history of humanity appears as a question that engrosses the attention of lawyers, doctors, sociologists around the worlds.
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