Frank Schweitser, Johan Stuy, Wim Distelmans, Christophe Lemmens, Johan Braeckman
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引用次数: 0
摘要
2015年,比利时安乐死控制与评估联邦委员会(Belgian Federal Commission for the Control and Evaluation of Euthanasia)将一名医生移交给了检察官办公室,因为委员会得出结论,这名医生可能违反了安乐死的法律条件。这是该委员会自2002年成立以来的首次移交。然而,在2019年,安特卫普法院决定不在刑事法庭上追究这名医生。新闻报道称,法院裁定这名医生没有实施安乐死,因为病人自己喝下了致命药剂,因此将这一行为归类为医生协助自杀。但是,法院并没有公开做出这一决定的理由。在这篇文章中,我们考虑医生协助自杀和安乐死的法律和伦理方面。尽管我们能分辨出这些临终决定之间的明显差异,但我们也注意到重要的相似之处。将医生协助自愿死亡合法化的国家可能会选择将一种或两种临终决定立法。为这两种选择提供法律依据,可以防止出现重大法律问题,确保那些违法的医生不会被无罪释放。
This is not an act of euthanasia: Legally correct but ethically problematic?
In 2015, the Belgian Federal Commission for the Control and Evaluation of Euthanasia referred a physician to the public prosecutor’s office because it concluded that the physician might have violated the legal conditions for euthanasia. It was the commission’s first referral since its establishment in 2002. However, in 2019, the Antwerp Court sitting in chambers decided not to pursue the physician in criminal court. News reports suggested that it had ruled that the physician did not perform euthanasia because the patient drank the lethal potion herself, thus classifying the act as physician-assisted suicide. However, the court did not make the reasons for its decision public.In this article, we consider the legal and ethical aspects of physician-assisted suicide and euthanasia. Although we discern clear differences between these end-of-life decisions, we also note important similarities. Countries that legalise voluntary physician-assisted dying may choose to legislate one or both end-of-life decisions. Providing a legal basis for both options can prevent major legal problems, ensuring that those doctors who violate the law are not acquitted.
期刊介绍:
The scope includes: Clinical Negligence. Health Matters Affecting Civil Liberties. Forensic Medicine. Determination of Death. Organ and Tissue Transplantation. End of Life Decisions. Legal and Ethical Issues in Medical Treatment. Confidentiality. Access to Medical Records. Medical Complaints Procedures. Professional Discipline. Employment Law and Legal Issues within NHS. Resource Allocation in Health Care. Mental Health Law. Misuse of Drugs. Legal and Ethical Issues concerning Human Reproduction. Therapeutic Products. Medical Research. Cloning. Gene Therapy. Genetic Testing and Screening. And Related Topics.