The right to euthanasia in the context of the realization of the right to life

Abstract

The article examines the concept of euthanasia, the main scientific doctrines, which determine the attitude of legal experts to this phenomenon, and the reasons for the theory about the need to establish the right to euthanasia as the form of realization of the right to die in Ukrainian legislation and at the international level.Theproblemofthecontroversy of the concept that recognizes the existence of the fourth generation of human rights to which the right to euthanasia belongs is covered. It is determined that there are some disputes in scientific circles caused by theemergence of a new generation of rights. It is also determined that the new generation of rights is quite debatable, as it destroys the established classification of human rights.The concept of euthanasia is studied, the main distinguishing features between active and passive forms of the implementation of this phenomenon are characterized. It is identified that the majority of disputes about euthanasia legalizing is related to the implementation of its active form. 
 Based on the research of scientists’ positions from different fields of science on the possibility of legalizing euthanasia, the two main views have been identified: for legalizing euthanasia and against it.It has been found that the basis for the difference of opinion on this issue is the controversy of the right to euthanasia in the context of the constitutional human right to life.The case-law of the European Court of Human Rights in issues related to euthanasia is analyzed. The comparison of the two decisions of the Court has been made and on this basis the peculiarities of the regulation of this problem in the international arena are clarified.The positive and negative aspects of the implementation of the right to euthanasia are analyzed.The possibility of establishng the right to die at the state and international levels is considered, its contradiction to the right to life, which is enshrined in the Constitution of Ukraine, as well as in the Declaration of Human and Civil Rights, is justified. The emphasis is placed on the need to develop medicine in order to prevent cases that could lead to the use of euthanasia.Taking into consideration the number and importance of negative factors in euthanasia implementation and the general unwillingness of society to legalize such a right, the conclusion that justified the inadvisability of enshrining the right to euthanasia in the legislation of Ukraine has been developed.