2006Journal of law and medicineRequires access

A Constitutional Study on Euthanasia

Wang Ka

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Abstract

Euthanasia is a difficult moral and legal problem that humans are facing with. It is a multi-domain problem. From the perspective of constitution, euthanasia leads to three problems: firstly, patient's right of life crosses with his right of human dignity; secondly, whether there is a right for patient to die or to abandon his fundamental rights; thirdly, patient's right to self-determination stands against state's duty to protect people's fundamental rights. Answers to these three problems will provide theoretic support for other domains to establish the institution of euthanasia.

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What this paper is about

Euthanasia is a difficult moral and legal problem that humans are facing with. It is a multi-domain problem. From the perspective of constitution, euthanasia leads to three problems: firstly, patient's right of life crosses with his right of human dignity; secondly, whether there is a right for patient to die or to abandon his fundamental rights; thirdly, patient's right to self-determination stands against state's duty to protect people's fundamental rights. Answers to these three problems will provide theoretic support for other domains to establish the institution of euthanasia.

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Available abstract

Euthanasia is a difficult moral and legal problem that humans are facing with. It is a multi-domain problem. From the perspective of constitution, euthanasia leads to three problems: firstly, patient's right of life crosses with his right of human dignity; secondly, whether there is a right for patient to die or to abandon his fundamental rights; thirdly, patient's right to self-determination stands against state's duty to protect people's fundamental rights. Answers to these three problems will provide theoretic support for other domains to establish the institution of euthanasia.

Key concepts: Dignity, Duty, Constitution, Right to die, Perspective (graphical), Law, State (computer science), Institution

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