Etički i pravni aspekti prava na dostojanstvenu smrt

Abstract

Euthanasia is in liaison with ethics and law. This paper, which aims to contribute to the expert public debate on the introduction of euthanasia into Serbian legislation, the term terminology - euthanasia (as the Right to Die with Dignity) is the first to have been terminologically clarified. Furthermore, the text considers the obligations of other persons, arising out of this right and under what conditions the obligations of other persons arising from the said right constitute a restriction of their personality rights. By citing examples in the field of ethics and law, the text notes that the distinction between active and passive euthanasia is in fact a product of inadequate thinking in the implementation of this distinction. Based on the ethical argumentation of the double effect, also the text points to the inadequacy of the ethical approach in the function of legal regulation of the problem of euthanasia. Using abundant literature, which, from the legal and ethical point of view, problematizes euthanasia, the author has come to conclusion that the right to dignity is a social value that needs to be lawfully formulated, so that possible abuses can be prevented - and at the same time avoiding burdening the burden of responsibility to other persons (whether or not these are subjects of the judiciary or medicine), who should implement the patient's desire to die with dignity. Also, the author sought to base this article on the belief that Serbian legislation should legally shape the conditions for active direct euthanasia.