The Practice of Euthanasia from the Perspective of International Human Rights

DOI

10.2991/978-2-38476-303-0_85How to use a DOI?

Keywords

Euthanasia; Human Rights; International Human Rights Instruments; European Court of Human Rights

Abstract

Euthanasia is death that occurs with the help of a doctor or without the help of a doctor at the request of the patient or the patient's family. Euthanasia has been debated from an international human rights perspective. One of the euthanasia cases that has been decided by the European Court of Human Rights (ECtHR) is the case of euthanasia due to mental disorders in the mother of Tom Mortier as the applicant from Belgium. The purpose of this research is to understand the category of euthanasia as an international offence and the practice of euthanasia in Belgium from the perspective of international human rights. This type of research is normative legal research with legal material collection techniques carried out by literature study and analysed using prescriptive techniques. The results of this research show that euthanasia based on international human rights instruments if it is about the right to life and the right to health services can be categorised as a violation while if it is about the right to self-determination, then euthanasia is not a category of violation. Euthanasia due to mental disorder that has been submitted to the ECtHR if adjusted to the ECHR as an international treaty to protect human rights in the European region is not a violation. However, it is said to be an offence in the post-euthanasia procedure due to the lack of independence of the Commission and the length of the investigation.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Shochifatin Umaini
AU  - Emmilia Rusidana
PY  - 2024
DA  - 2024/12/11
TI  - The Practice of Euthanasia from the Perspective of International Human Rights
BT  - Proceedings of the 4th International Conference on Social Sciences and Law (ICSSL 2024)
PB  - Atlantis Press
SP  - 963
EP  - 975
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-303-0_85
DO  - 10.2991/978-2-38476-303-0_85
ID  - Umaini2024
ER  -