CONSTITUTIONALISATION OF EUTHANASIA – ARGUMENTUM PRO ET CONTRA
Abstract
Nowadays, euthanasia is one of the most controversial issues in all the societies. Considering this fact, in this article, the author proposes the solution for a generally accepted definition of euthanasia, which currently does not exist in order to clarify the term ‘euthanasia’. Euthanasia, or the right to dignified death endangers life, the most valuable good, which is essential for the realization all other rights and freedoms. Because of the importance of life, the author proposes the conditions that must be fulfilled, before euthanasia can be performed. The author emphasizes the arguments for and against the admissibility of euthanasia. Also, the existing international and domestic normative frameworks which regulate euthanasia are analyzed. Based on these frameworks, the author proposes the reasons for the constitutionalization of euthanasia within the human rights chapter in the Constitution of the Republic of Serbia, as well as the mechanisms for preventing abuses that may arise and appropriate sanctions which will be imposed in case of abuse. The judicial practice of the European Court of Human Rights has been presented, which in some of its judgments points out the importance of regulating these controversial issues, because they affect essential rights and freedoms, above all, the right to life. Also, there is no common European standpoint on these issues and because of that the European Court of Human Rights leaves a wide margin of appreciation to the states when they are deciding about the regulation of euthanasia. The author is in favor of the constitutionalisation of euthanasia in the Republic of Serbia so that everyone can fully realize their human rights and freedoms, including the right to dignified death. The existence of other controversial legal issues that need to be regulated in the positive law of the Republic of Serbia can affect this issue so it may take some time before the question of constitutionalisation or legalization of euthanasia can be approached.
