{"title":"西班牙安乐死法探析:死亡法律援助的成就与矛盾","authors":"Miguel Paradela López, Alexandra Jima-González","doi":"10.1344/rbd2023.58.39990","DOIUrl":null,"url":null,"abstract":"The Spanish government recently passed legislation that legalized euthanasia. This article analyzes the Organic Law on the Regulation of Voluntary Euthanasia by exploring its procedural aspects, the various methods of providing assistance to die and the medical role under the law. After this examination, the article points out three potential problems with respect to the law’s practical implementation. The first potential problem is the lack of explicit regulation regarding the assistance to die as provided to patients with mental disorders. Second, the law is unclear concerning the permissible extent of the legal assistance to die for patients self-administrating the lethal drug. Third, the ambiguous role assigned to medical staff during the final phases of euthanasia, especially concerning the duty of “observation and support”. This study concludes that the new law, despite its proponents’ thorough effort to guarantee the right to receive euthanasia, contains significant loopholes that may generate future controversies.","PeriodicalId":52269,"journal":{"name":"Revista de Bioetica y Derecho","volume":"42 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Analyzing the Spanish Euthanasia Law: Achievements and inconsistencies of the legal assistance to die\",\"authors\":\"Miguel Paradela López, Alexandra Jima-González\",\"doi\":\"10.1344/rbd2023.58.39990\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The Spanish government recently passed legislation that legalized euthanasia. This article analyzes the Organic Law on the Regulation of Voluntary Euthanasia by exploring its procedural aspects, the various methods of providing assistance to die and the medical role under the law. After this examination, the article points out three potential problems with respect to the law’s practical implementation. The first potential problem is the lack of explicit regulation regarding the assistance to die as provided to patients with mental disorders. Second, the law is unclear concerning the permissible extent of the legal assistance to die for patients self-administrating the lethal drug. Third, the ambiguous role assigned to medical staff during the final phases of euthanasia, especially concerning the duty of “observation and support”. This study concludes that the new law, despite its proponents’ thorough effort to guarantee the right to receive euthanasia, contains significant loopholes that may generate future controversies.\",\"PeriodicalId\":52269,\"journal\":{\"name\":\"Revista de Bioetica y Derecho\",\"volume\":\"42 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-06-15\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Revista de Bioetica y Derecho\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1344/rbd2023.58.39990\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Revista de Bioetica y Derecho","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1344/rbd2023.58.39990","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
Analyzing the Spanish Euthanasia Law: Achievements and inconsistencies of the legal assistance to die
The Spanish government recently passed legislation that legalized euthanasia. This article analyzes the Organic Law on the Regulation of Voluntary Euthanasia by exploring its procedural aspects, the various methods of providing assistance to die and the medical role under the law. After this examination, the article points out three potential problems with respect to the law’s practical implementation. The first potential problem is the lack of explicit regulation regarding the assistance to die as provided to patients with mental disorders. Second, the law is unclear concerning the permissible extent of the legal assistance to die for patients self-administrating the lethal drug. Third, the ambiguous role assigned to medical staff during the final phases of euthanasia, especially concerning the duty of “observation and support”. This study concludes that the new law, despite its proponents’ thorough effort to guarantee the right to receive euthanasia, contains significant loopholes that may generate future controversies.