Acta Universitatis Danubius. Juridica, Vol 1, No 1 (2005)

Abstract

Partisans of euthanasia believe that they can justify it in terms of moral, and that only voluntary euthanasia should be legalized. In other words, only patients who expresses clearly and repeatedly their desire to die could resort lawfully to euthanasia. This view is based on the right to self-determination, freedom and dignity of the person, principles that represent the fundamental values of a society. However, in addition to those who support the need of euthanasia, there are still many who are against it, or treat this concept with skepticism. There are series of arguments that change the balance in favor of the ones who do not approve euthanasia. A first argument that seeks legalization of euthanasia is based on an ideal vision of hospitals, doctors, nurses and families (and this vision is often the fruit of imagination, so the idea of voluntary euthanasia is one danger). Another key argument against legalizing euthanasia was that is practically impossible to draw up a law to protect doctors who practice euthanasia without sliding towards the inevitable abuses. The final argument against legalizing euthanasia is a legal one. Current law condemns euthanasia considering it a murder, and this argument is sustained practically by all treaties and codes. The Constitution guarantees the “right to life” and the concept of euthanasia violates deeply this fundamental principle.