EUTHANASIA AS A COMPONENT OF SOMATIC HUMAN RIGHTS: THE EXPERIENCE OF EUROPEAN COUNTRIES AND ITS SIGNIFICANCE FOR UKRAINE

Abstract

Abstract. The article summarizes the experience of European countries regarding the legal regulation of euthanasia as a component of somatic human rights and formulates proposals regarding the possibilities of adapting European experience to modern conditions in Ukraine. In the article, the author reveals the essence of euthanasia as the practice of intentionally ending a person’s life to eliminate physical and psychological pain and suffering, and also analyzes its main types according to various classification criteria. The meaning of euthanasia in the context of somatic human rights is determined and the specifics of its regulatory authorization in Ukraine are analyzed. To achieve the goal of the article, the experience of legal regulation and practical implementation of euthanasia in European countries, namely: the Netherlands, Belgium, Luxembourg, Spain, Austria, Portugal, and Switzerland, has been studied. Based on the results of the research, the author made a proposal to legalize euthanasia in Ukraine through the adoption of a specialized legal act “On euthanasia”, in which it is necessary to enshrine indirect active and passive euthanasia, allowing it for adult citizens of Ukraine who are experiencing unbearable suffering from illness, other physical or psychological suffering, and have exhausted all options for treatment. It seems that in order to implement this process, the patient must apply with a balanced, repeated and voluntary written request for euthanasia twice to a specialized institution. In order to confirm compliance with the outlined criteria, as well as the absence of pressure on the patient, in addition to the patient’s doctor, another independent doctor must approve the request, and in the case of a mental illness – additionally a psychiatrist. Once approved, the patient must wait 12 weeks to consider their decision – or two weeks if the disease is actively progressing and causing particularly severe suffering. If, after the specified period, the person still wishes to end his life in this way, the patient, or persons authorized by him, carries out euthanasia with the use of means for easy death within the limits of a specialized institution or outside them. We also consider it expedient to create a National Control and Evaluation Commission to ensure compliance with legality during the implementation of the researched process.