EUTANAZIJA KAO KRAJNJI IZRAZ LIČNOG PRAVA ČOVEKA NA SAMOODREĐENjE

2021 ◽  
Author(s):  
Aleksandra Pavićević ◽  
Keyword(s):  
Optimal Solution ◽  
Self Determination ◽  
Passive Euthanasia ◽  
Criminal Offense ◽  
Patients Rights ◽  
European Regulations ◽  
The Subject ◽  
Active And Passive Euthanasia ◽  
Domestic Law ◽  
Preliminary Draft

The author discusses different segments of the institute of euthanasia ("murder out of mercy"), especially the question of the justification of its legalization. The subject of the analysis are the solutions of certain European regulations that have completely or partially decriminalized euthanasia, and then the domestic one, in which there is a collision of the norms of criminal and medical law. According to the positive serbian criminal law, euthanasia is a criminal offense and a privileged form of murder, while the Law on Patients' Rights indirectly allows the so-called passive euthanasia, which is not the optimal solution, which introduces legal uncertainty. Тhe Preliminary Draft of the Civil Code of Serbia, which embodies the proposal for the future civil law of Serbia, proposes the decriminalization of euthanasia, which is a solution that needs to be commented on. The aim of the paper is a comparative analysis of domestic and foreign solutions of this controversial institute - through its concept, types (active and passive euthanasia) and critical analysis of the reasons for and against its introduction into the domestic law. The author evaluates the proposal of the Preliminary Draft as progress, with the idea that euthanasia, despite all the controversies that accompany it, represents the ultimate expression of a personal right to self-determination (subjective civil right sui generis), in both modalities, without distinction.

„PACIJENTOVO PISMO“ KAO PRAVNI OSNOV ZA PRIMENU PASIVNE EUTANAZIJE

2021 ◽  
pp. 211-229
Author(s):  
Aleksandra Pavićević ◽  
Keyword(s):  
Living Will ◽  
Self Determination ◽  
Foreign Countries ◽  
Prolongation Of Life ◽  
The Subject ◽  
Constitutional Right ◽  
The Right ◽  
The Relationship ◽  
Domestic Law ◽  
Dying Patient

The subject of the paper is the relationship between the duties of physicians and other medical professionals towards the dying patient (as a provider of medical services) and the patient's right to personal choice and preservation of his own right to self-determination in relation to body and life, which is a special subjective civil right. The author discusses the legal-medical (but also ethical) issue of the patient's ability to freely decide not to agree to a medical measure of artificial prolongation of life or suspension of already started measures. The issue is examining the limits of the so-called permissibility of “passive euthanasia”, which is indirectly recognized in domestic law by the Law on Patients' Rights and the legal basis for its application in one particular modality, the so-called "Patient letter" (living will) which is an established legal instrument in some foreign legislation and practice. Analyzing the experience of some foreign countries, the author supports the introduction of such an institute - as a kind of anticipated directives in domestic law, referring to the patient's constitutional right to self-determination, which embodies the supreme good, even more valuable than (unwanted) life. Such a solution is in line with the principle of human will autonomy, freedom to dispose of life as a personal good, and potentially a reflection of the so-called "the right to die", which is the reverse of the right to life

scholarly journals LIFE AND DEATH. EUTANASIA

2021 ◽  
pp. 63-68
Author(s):  
Mykola Polishchuk
Keyword(s):  
Hospice Care ◽  
The Elderly ◽  
Self Determination ◽  
Passive Euthanasia ◽  
Life And Death ◽  
Sick People ◽  
Care For The Elderly ◽  
The Difference ◽  
The Right ◽  
Active And Passive Euthanasia

Euthanasia is a good death in Greek. According to Wikipedia, «euthanasia» is the termination of a person's life in a quick, painless way. Euthanasia is used in people who have incurable diseases and no longer want to suffer from pain, their condition. The term «euthanasia» was first used by F. Bacon to denote easy death in the 17th century. Since 2020, certain types of euthanasia are legally allowed in Belgium, Luxembourg, the Netherlands, Portugal, Switzerland, Germany, Canada, parts of Australia, and in some of the sUS states. Palliative and hospice care is sometimes seen as a relative alternative to euthanasia. There are two types of euthanasia – active, which involves the administration of a dying person, drugs that cause rapid death, and passive – intentional cessation of maintenance therapy to the patient. Active euthanasia is often considered suicide with medical help, if the doctor gives the patient a drugs that will shorten his life at the request of the patient.. In Ukraine, the actions of a doctor for euthanasia are considered premeditated murder. The coronavirus pandemic has shown that many countries of the world are ready to introduce passive euthanasia, that is, in the event of mass morbidity, not only ideas are spread, but also projects about the inaccessibility of medical care for the elderly in order to save young people, about limiting the hospitalizations of elderly people with a serious illness, which requires mechanical ventilation with a shortage of ventilators and hospitals that can provide oxygenation. The debate over euthanasia revolves around the following issues: people have the right to self-determination and independent choice of destiny; helping the sick people to die may be a better choice than suffering; the difference between active and passive euthanasia is insignificant; permission for euthanasia does not necessarily lead to adverse consequences. Disputes often take place at the ethical or religious level. Opponents of euthanasia defend the right for life under any circumstances, and the adoption of the law expands the cohort of patients with euthanasia and hope for life. Keywords: euthanasia, death, life, consciousness, stroke.

scholarly journals Euthanasia as a reason for unworthiness to inherit

2020 ◽  
Vol 59 (89) ◽  
pp. 415-434
Author(s):  
Jovana Milović
Keyword(s):  
Civil Code ◽  
Active Euthanasia ◽  
Legal Systems ◽  
Passive Euthanasia ◽  
Criminal Offense ◽  
General Terms ◽  
The Republic ◽  
The Right ◽  
Preliminary Draft

The provision on the right to a dignified death proposed in the Preliminary Draft Civil Code of the Republic of Serbia has again actualized the discussions on the legalization of euthanasia. Within the framework of inheritance legislation, there are discussions regarding the place of euthanasia among the reasons for unworthiness to inherit. In most legislations, euthanasia is still a criminal offense and, on that basis, the reason for unworthiness to inherit. In the legal systems where euthanasia is allowed, this procedure is completely performed by a doctor. Heirs are not involved in the procedure. Accordingly, euthanasia is not mentioned as a reason for unworthiness of the heir to inherit. The legal solution proposed in the Preliminary Draft of the Civil Code of the Republic of Serbia was discussed in general terms and left for further debate. By the time the proposed solution is adopted in this or a slightly modified form, active euthanasia will be the reason for unworthiness to inherit, while passive euthanasia could be discussed within some other legally prescribed reasons for unworthiness.

Euthanasia and Related Practices Worldwide

Crisis ◽  
1998 ◽  
Vol 19 (3) ◽  
pp. 109-115 ◽  
Author(s):  
Michael J Kelleher † ◽  
Derek Chambers ◽  
Paul Corcoran ◽  
Helen S Keeley ◽  
Eileen Williamson
Keyword(s):  
Assisted Suicide ◽  
International Association ◽  
Active Euthanasia ◽  
Physician Assisted Suicide ◽  
Passive Euthanasia ◽  
Medical Practitioners ◽  
General Acceptance ◽  
International Importance ◽  
Controversial Area ◽  
Active And Passive Euthanasia

The present paper examines the occurrence of matters relating to the ending of life, including active euthanasia, which is, technically speaking, illegal worldwide. Interest in this most controversial area is drawn from many varied sources, from legal and medical practitioners to religious and moral ethicists. In some countries, public interest has been mobilized into organizations that attempt to influence legislation relating to euthanasia. Despite the obvious international importance of euthanasia, very little is known about the extent of its practice, whether passive or active, voluntary or involuntary. This examination is based on questionnaires completed by 49 national representatives of the International Association for Suicide Prevention (IASP), dealing with legal and religious aspects of euthanasia and physician-assisted suicide, as well as suicide. A dichotomy between the law and medical practices relating to the end of life was uncovered by the results of the survey. In 12 of the 49 countries active euthanasia is said to occur while a general acceptance of passive euthanasia was reported to be widespread. Clearly, definition is crucial in making the distinction between active and passive euthanasia; otherwise, the entire concept may become distorted, and legal acceptance may become more widespread with the effect of broadening the category of individuals to whom euthanasia becomes an available option. The “slippery slope” argument is briefly considered.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

scholarly journals Reclaiming Romani-ness

2018 ◽  
Vol 1 (1) ◽  
pp. 30-43 ◽  
Author(s):  
Ioanida Costache
Keyword(s):  
Gender Identity ◽  
Ethnic Group ◽  
Identity Politics ◽  
Self Determination ◽  
Political Processes ◽  
Gendered Identities ◽  
The World ◽  
The Subject ◽  
Epistemic Systems ◽  
Porous Boundaries

Drawing on theories of identity postulated by cultural theorists, scholars of gender identity, and critical race theorists, I explore issues of identity politics and “Otherness” as they pertain to Romani identity, history and activism. By critiquing the latent bifurcation of identity and subjectivity in Judith Butler’s theory of performativity as well as her explicit adherence to universalism, I begin to outline a (post-Hegelian) hermeneutic in which narratives of self enable political processes of self-determination against symbolic and epistemic systems of racialization and minoritization.[1] Roma identity both serves as an oppressive social category while at the same time empowering people for whom a shared ethnic group provides a sense of solidarity and community. In re-conceptualizing, reimagining and re-claiming Romani-ness, we can make movements towards outlining a new Romani subjectivity – a subjectivity that is firmly rooted in counterhistories of Roma, with porous boundaries that both celebrate our diversity and foster solidarity. I come to the subject of Romani identity from an understanding that our racialized and gendered identities are both performed and embodied – forming part of the horizon from which we make meaning of the world. I wish to recast the discourse surrounding Romani identity as hybridized and multicultural, as well as, following Glissant, embedded into a pluritopic notion of history.

scholarly journals Specific aspects of the retrofitting design and seismic assessment of a heritage pedestrian bridge

2020 ◽  
Vol 63 (4) ◽  
pp. 65-77
Author(s):  
Emil Yanev
Keyword(s):  
Optimal Solution ◽  
Investment Project ◽  
Hydroelectric Power Plant ◽  
Normal Operation ◽  
Design Solution ◽  
Original Structure ◽  
Hydroelectric Power ◽  
Pedestrian Bridge ◽  
The Subject ◽  
Selection Of

The purpose of this study is to establish a suitable structural system for the restoration of the destroyed part of the pedestrian bridge, which is a part of a hydrocomplex built along the Arda River (Bulgaria), and to improve the vulnerable details in the original structure, taking into account the seismic hazard on the site. The decision is also dictated by the choice of a construction method that does not interfere the Hydroelectric Power Plant (HPP) that is built along the river with the normal operation of which the subject is connected. The appropriate selection of materials and modelling of the overall behaviour of the old and new parts of the bridge are the basis of the optimal solution for interference with the structure and the possibility of extending its service life. It is also important to preserve the visual unity of the whole structural complex, thus preserving the original appearance and good construction practice from the time they have been built during the middle of the 20th century This design solution is part of an investment project of "Risk Engineering" Ltd.

EUTHANASIA: AIMING TO KILL WITH A COUNTER FULL OF OPTIONS?

2021 ◽  
pp. 13-14
Author(s):  
Tusharindra Lal ◽  
Riya Kataria ◽  
Priyadarshee Pradhan
Keyword(s):  
Assisted Suicide ◽  
Medical Practitioner ◽  
Passive Euthanasia ◽  
Life And Death ◽  
Patient’S Autonomy ◽  
The Supreme Court ◽  
The World ◽  
Meaningful Existence ◽  
The Right ◽  
Active And Passive Euthanasia

Euthanasia or assisted suicide has been a matter of contention for many years with various types of euthanasia including voluntary, non-voluntary, involuntary, active and passive euthanasia being argued for around the world. This article highlights the types of euthanasia while analyzing the ethical, legal, economical and spiritual dilemmas surrounding them. It also compares euthanasia laws of countries around the world with the Indian stand taken by the Supreme Court in legalizing passive euthanasia. There exists a ne line between life and death. It is the duty of a medical practitioner to assess these situations critically while preserving a patient's autonomy. To deny a person the right to end their life with dignity is equivalent to depriving them of a meaningful existence.

A dialog and a communication: the contemporary problems of formation of the communicative competence of the artists (based on the examples of the art students)

2021 ◽  
Vol 46 (1) ◽  
pp. 22-35
Author(s):  
A. Ibragimov ◽  
Keyword(s):  
Communication Skills ◽  
Communicative Competence ◽  
Self Determination ◽  
Urgent Problem ◽  
Art Students ◽  
Professional Activities ◽  
Review Analysis ◽  
Analysis And Synthesis ◽  
Professional Self ◽  
The Subject

This article reveals the issues of development and formation of communicative competence among students of an art specialty. The study revealed that an insufficient level of speech culture is typical for students of future artists and teachers. This problem is most acutely expressed by the excessive enthusiasm of students for art and visual activity with insufficient attention to the development of communication skills and a departure from professional self-determination. The purpose of the article is to identify the results of the formation of the subject communicative competence of students of art specialties in the learning process. The following methods were used in the study: theoretical (review, analysis and synthesis of literature); empirical (pedagogical observation, oral and written surveys, tests, pedagogical experiment). The study was conducted at the Institute of Arts, Culture and Sports of KazNPU named after Abai among students (17-19) years old. The data indicate that the formation of communicative competence needs pedagogical support in preparing students for professional activities. The problem of low speech culture of students, inability to communicate, express their thoughts, and sometimes vice versa, upholding the position of a human consumer negatively affects the professional development of the future artist and teacher. The analysis shows that against the background of a general drop in the level of literacy and speech culture of young people, the communicative competence of artists is an urgent problem for many specialties, including for students of pedagogical universities.

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