Impact of Palliative Care/Medicine on Realization of "Right to Life" and "Right to Dignity" in The Context of Human Rights Protection

Authors

  • Elvira Titko
  • Maryna Dei
  • Oleksandr Smalii
  • Serhiy Yuldashev

DOI:

https://doi.org/10.7596/taksad.v9i1.2534

Keywords:

Palliative care, Palliative medicine, Hospice assistance, Right to life, Right to health, Right to death, Euthanasia.

Abstract

This study aims to define the content, interpretation and understanding of palliative care / medicine in the context of the development of modern biomedicine with the priority of the role of protection and respect for human rights, while focusing on the categories of seriously ill and their implementation of "the right to life", "the right to health", and "The right to death".

The study was conducted on the basis of the analysis of normative legal acts, jurisprudence, relevant scientific and statistical data that regulate the issues of palliative and hospice care, euthanasia and their interconnection. Comparative palliative care in different countries was based on theoretical sources, legislation of the countries and the "Quality of Death Index". The overview of the laws of the world was done and it was found that the country in which the euthanasia is legally possible; countries where it is not prohibited and the countries criminal law which establishes the prohibition of euthanasia with further punishment for its implementation.

The statistics of recent years show that the majority of diseases, which in the future lead to incurable diseases, in which both patients and relatives find themselves in the path of despair and fear. In such circumstances the need for palliative care constantly ascending aye. In this context, questions arise as to the understanding of the nature of palliative care / medicine as a combination of therapeutic measures or a decent completion of life linking these two areas with the realization of such rights as the right to life, health, and death. In the context of the latter, the understanding of the role and place of euthanasia is becoming apparent not only for the severely ill, but also for healthy people, based on the desire for a decent completion of life and the impossibility of committing suicide, which is a punishable act.

That is why the importance of palliative care/medicine is necessary, first of all, from the legal point of view and the protection of human rights, which is the priority of every democratic state.

In the study, it was concluded that palliative care/medicine must have a clear understanding and legal consolidation at both the international and national levels, based on the concept of essence "pain" through a set of measures to right ted for rehabilitation or worthy end of life, in a speech last activity search effective ways to avoid future life-threatening cases. Therefore, palliative aid/medicine serves some basis for the rights to a decent life worthy of death of people with the prospect of an overall strategy of healthy and decent life for future generations.

References

O'Neill, B., Fallon, M. (1997). ABC of palliative care: Principles of palliative care and pain control. Retrieved from: https://www.bmj.com/content/315/7111/801/.

Pereira, J. (2011). Legalizing euthanasia or assisted suicide: the illusion of safeguards and controls. Curr Oncol. № 18(2), pg. 38.

Alekseev, M. (2011). I showed compassion. Medmedia Holding. Retrieved from: https://medportal.ru/mednovosti/main/2011/08/26/bonnemaison/

Briggs, G. (2014), WHO: dirty air killed 7 ml. people in 2012 Retrieved from: https://www.bbc.com/ukrainian/health/2014/03/140325_pollution_death_ak

Wolf, O. O. (2011). Basic normative and legal principles of humanization of politics concerning incurable patients in the world. Bulletin of the NTUU "KPI". Political studies. Sociology. Law: a collection of scientific works. No. 4 (12), p. 37-44.

Voronenko, Yu.V., Gubsky Yu.I. Tsarenko AV (2014), Creation of a system of palliative and hospice care in the context of health care reform in Ukraine: medical and social aspects. Science and practice. No. 1, p. 63-64.

Gerasimova, N. (2013). World and domestic practice of introduction of palliative care at home for the elderly. Ukraine: aspects of labor. No. 7, p. 44; 46.

Grischenko, O. (2005). Cloning problem: social and legal aspect. Legal magazine. No. 10, p. 13

Gubsky Yu. I. Palliative medicine. Retrieved from: https://www.pharmencyclopedia.com.ua/article/8860/paliativna-medicina

Gubsky, Yu. I., Lazoryshynets, V. V., Dyachuk, D. D. (2008). The role of public organizations in the field of health care. IN Approved: Current issues in health sector management. Materials of the All-Ukrainian Scientific and Practical Seminar Meeting of Chief Physicians of Medical and Prophylactic institutions, p. 75-81

Daniluk, K. V. (2018). Essential Characteristics of Palliative and Hospice Assistance and Principles of its Provision in Ukraine Electronic Publication: Public Administration: Improvement and Development. Retrieved from: http://www.dy.nayka.com.ua/pdf/ 2_2018/102.pdf.

Doschich, V. (2016). Murder Nature: As environmental pollution affects health. Retrieved from: https://www.unian.ua/ecology/1304769-vbivcha-priroda-yak-zabrudnennya-navkolishnogo-seredovischa-vplivae-na-zdorovya.html.

Zaborovsky, V. V. (2017). Euthanasia: Worthy of death or murder: legal aspects in Ukraine. Comparative and analytical right. No. 1, p. 61

Kapinus, O. S. (2006). Euthanasia as a social and legal phenomenon. M.: Published. House "Bukoved", p. 157.

Malinovsky, A. A. (2002). Does a person have the right to die? Russian justice. No. 8, p. 14.

Mironova, G.A. (2016). Peculiarities of realization of patient's rights in the field of provision of palliative care. Private Law and Entrepreneurship. Rev. 15, p. 62

Miroshnichenko, O. A. (2012). Euthanasia and the human right to life in international and national law. Legal forum. No. 3, p. 460; 462

Mokoseeva, M. A. (2013). Problems of realization of the human right to life. Mari legal bulletin. No. 10, pg. 106

Romanovsky, G. B. (2009). On the question of the right to death as a legal basis for the legalization of euthanasia and suicide. Medical Law of Ukraine: Problems of Healthcare Management and Financing: Materials of the Third All-Ukrainian Scientific and Practical Conference on Medical Law. Lviv: LOBF, p. 23

Senyuta, I. Ya. (2013). Patients' Rights in the Judgments of the European Court of Human Rights. Retrieved from: http: //radnuk.info/home/24452-2013-07-10-15-40-12.html.

Khimyak, Yu. B. (2009). Protecting the right to life in the practice of the ECtHR. Science Visnyk of the Lviv State University of the Sun. No. 4, p. 340.

Chervyatsova, A. O. (2012). The right to life and the prohibition of torture in ECHR judgments: analysis of case law under articles 2 and 3 of the ECHR: Textbook. - Kh. KhNU them. V. N. Karazin. p. 268

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Published

2020-03-25

How to Cite

Titko, E., Dei, M., Smalii, O., & Yuldashev, S. (2020). Impact of Palliative Care/Medicine on Realization of "Right to Life" and "Right to Dignity" in The Context of Human Rights Protection. Journal of History Culture and Art Research, 9(1), 49-68. https://doi.org/10.7596/taksad.v9i1.2534