Assisted Suicide And The European Convention On Human Rights

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Assisted Suicide and the European Convention on Human Rights

Author : Stevie Martin
Publisher : Routledge
ISBN 13 : 1000374807
Total Pages : 228 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Assisted Suicide and the European Convention on Human Rights by : Stevie Martin

Download or read book Assisted Suicide and the European Convention on Human Rights written by Stevie Martin and published by Routledge. This book was released on 2021-04-13 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Locating assisted suicide within the broader medical end-of-life context and drawing on the empirical data available from the increasing number of permissive jurisdictions, this book provides a novel examination of the human rights implications of the prohibition on assisted suicide in England and Wales and beyond. Assisted suicide is a contentious topic and one which has been the subject of judicial and academic debate internationally. The central objective of the book is to approach the question of the ban’s compatibility with the European Convention on Human Rights afresh; freed from the constraints of the existing case law and its erroneous approach to the legal issues and selective reliance on empirical data. The book also examines the compatibility of the ban on assisted suicide with rights which have either been erroneously disregarded or not considered by either the domestic courts or the European Court of Human Rights. Having regard to human rights jurisprudence more broadly, including in the context of abortion, the research and analysis undertaken here demonstrates that the ban on assisted suicide violates the rights of a significant number of individuals to life, to freedom from torture or inhuman or degrading treatment and to private life. Such analysis does not depend on a strained or contrived approach to the rights at issue. Rather, the conclusions flow naturally from a coherent, logical application of the established principles governing those rights. While the focus of the book is the Suicide Act 1961, the conclusions reached have implications beyond England and Wales, including for the other devolved jurisdictions and international jurisdictions. Beyond courts and legislators, it will be a valuable resource for students of human rights and medical law, as well as medical and legal practitioners and academics working in human rights and end-of-life care.

The Right to Die with Dignity

Author : Derya Nur Kayacan
Publisher :
ISBN 13 : 9783031045172
Total Pages : 0 pages
Book Rating : 4.0/5 (451 download)

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Book Synopsis The Right to Die with Dignity by : Derya Nur Kayacan

Download or read book The Right to Die with Dignity written by Derya Nur Kayacan and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Can I choose to die?" As the number of requests for euthanasia and physician-assisted suicide continues to rise, human rights law faces a new conflict: the right to die vs. the right to life... The right to die or, in other words, 'the right to choose the time and manner of one's own death' is a question of personal autonomy and its limits. This book provides a comprehensive understanding of the right to die and sheds light on its possible future under the European Convention on Human Rights. After setting a clear framework by defining the key terminology, the book takes a two-part approach to achieving its aim. The first part focuses on the right to die in practice by examining selected jurisdictions. Switzerland, which is famous for its assisted suicide organizations, and the Netherlands, which was the first country to legalize euthanasia, are examined in detail. Belgium, Germany, the United Kingdom, and -as an exception to the Convention perspective - Canada are also included. While this examination offers a better understanding of what the right to die looks like in practice, it also provides insights on the slippery slope argument, which serves as a counterweight to personal autonomy, without making a definitive statement on its validity. This part also illustrates the different paths that led or did not lead to the right to die in practice. The second part is an analysis of the European Court of Human Rights case law on the right to die. The Court has made important statements in only very cases, while its caution when approaching such a delicate and controversial topic among its 47 members is understandably emphasized. This analysis of the Court's approach to the balancing of personal autonomy against other interests allows us to take a look back at the practice in more permissive jurisdictions through the lens of the Convention. Taken together, the book's two parts provide valuable lessons for countries that decide to practice assisted dying, which are outlined in the conclusion. In addition, given that a purely legal approach can only offer a partial picture, the book argues that an interdisciplinary approach would be much more favorable in terms of providing the necessary basis for the right to die debate.

Euthanasia: Ethical and human aspects

Author : Council of Europe
Publisher : Council of Europe
ISBN 13 : 9287150702
Total Pages : 180 pages
Book Rating : 4.2/5 (871 download)

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Book Synopsis Euthanasia: Ethical and human aspects by : Council of Europe

Download or read book Euthanasia: Ethical and human aspects written by Council of Europe and published by Council of Europe. This book was released on 2003-01-01 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Euthanasia is highly controversial. Is it a crime or an ultimate form of care? Can one person help another to die? And what about palliative care? What criteria should govern decisions to terminate or prolong life? Does euthanasia violate the European Convention on Human Rights? This publication contains 13 essays by various authors, looking at euthanasia from the point of view of ethics, and of religion (Buddhism, Catholicism, etc.).

Euthanasia: National and European perspectives

Author :
Publisher :
ISBN 13 :
Total Pages : 204 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Euthanasia: National and European perspectives by :

Download or read book Euthanasia: National and European perspectives written by and published by . This book was released on 2003 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In most Council of Europe member states, active euthanasia is illegal, as is assisting suicide. The number of advocates of the right to die with dignity are growing, but euthanasia still raises numerous questions and remains highly controversial: Is it a crime or an ultimate form of care? Can one person help another to die? And what about palliative care? What criteria should govern decisions to terminate or prolong life? Does euthanasia violate the European Convention on Human Rights? Once two countries, the Netherlands followed by Belgium, decided to amend their legislation to enable doctors to bring a person's life to an end if certain conditions are fulfilled, questions were asked in other European countries about the advisability of making such acts lawful. These volumes take a detailed look at the situation in eight European countries (Belgium, Denmark, Georgia, Hungary, Netherlands, Portugal, Switzerland, United Kingdom) and the United States, as well as taking stock of the discussions taking place throughout Europe on various aspects of the end of life.--Publisher's description.

The Right to Life and the Value of Life

Author : Jon Yorke
Publisher : Routledge
ISBN 13 : 1317017730
Total Pages : 464 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Right to Life and the Value of Life by : Jon Yorke

Download or read book The Right to Life and the Value of Life written by Jon Yorke and published by Routledge. This book was released on 2016-03-03 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking book is the first collection to investigate the law, political science and ethical perspectives collectively in relation to the right and value of life. Its contributions from international roster of scholars are organized around five themes: a theoretical positioning of life and death; War, armed conflict and detention; Death as punishment; Medical parameters for ending life; and medical policies for the preservation of life. In studying this issue in its contemporary contexts of "right" and "value," the volume fills the current scholarly lacuna in the general subject of the orientations of life. It presents a much-needed examination of key issues in a broad practical and theoretical context, and holds broad appeal for scholars, researchers, and students occupied with issues of war, armed conflict, the death penalty, and various contemporary medico-legal scenarios.

Building Consensus on European Consensus

Author : Panos Kapotas
Publisher :
ISBN 13 : 9781108461337
Total Pages : pages
Book Rating : 4.4/5 (613 download)

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Book Synopsis Building Consensus on European Consensus by : Panos Kapotas

Download or read book Building Consensus on European Consensus written by Panos Kapotas and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Self-Determination, Dignity and End-of-Life Care

Author : Stefania Negri
Publisher : BRILL
ISBN 13 : 9004223584
Total Pages : 487 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Self-Determination, Dignity and End-of-Life Care by : Stefania Negri

Download or read book Self-Determination, Dignity and End-of-Life Care written by Stefania Negri and published by BRILL. This book was released on 2012-02-03 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: By providing an interdisciplinary reading of advance directives regulation in international, European and domestic law, this book offers new insights into the most controversial legal issues surrounding the debate over dignity and autonomy at the end of life.

The Right to Life in European Constitutional and International Case-law

Author : Bertrand Mathieu
Publisher : Council of Europe
ISBN 13 : 9287158673
Total Pages : 128 pages
Book Rating : 4.2/5 (871 download)

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Book Synopsis The Right to Life in European Constitutional and International Case-law by : Bertrand Mathieu

Download or read book The Right to Life in European Constitutional and International Case-law written by Bertrand Mathieu and published by Council of Europe. This book was released on 2006-01-01 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to life is the prime individual right in treaty and constitution systems of fundamental rights. The whole approach to protecting this right has changed considerably with scientific and medical advances. Whereas traditionally the concern was to protect life from all threats, today there is the additional very prominent issue of human, scientific and medical intervention in the life-giving process in such forms as abortion, medically assisted procreation, embryo research, cloning and euthanasia. This comparative analysis of the case law of Europes constitutional courts and the Council of Europes European Court of Human Rights examines the nature and scope of the right to life in order to determine whether there is a common legal approach to the question in Europe

Law at the End of Life

Author : Carl Schneider
Publisher : University of Michigan Press
ISBN 13 : 9780472111572
Total Pages : 390 pages
Book Rating : 4.1/5 (115 download)

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Book Synopsis Law at the End of Life by : Carl Schneider

Download or read book Law at the End of Life written by Carl Schneider and published by University of Michigan Press. This book was released on 2000 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the issues surrounding physician-assisted suicide in light of the Supreme Court's recent decision

Assisted Death in Europe and America

Author : Guenter Lewy
Publisher : Oxford University Press
ISBN 13 : 9780199780358
Total Pages : 264 pages
Book Rating : 4.7/5 (83 download)

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Book Synopsis Assisted Death in Europe and America by : Guenter Lewy

Download or read book Assisted Death in Europe and America written by Guenter Lewy and published by Oxford University Press. This book was released on 2010-09-23 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advances in medical treatment now enable physicians to prolong life to a previously unknown extent, however in many instances these new techniques mean not the saving of life but prolonging the act of dying. In the eyes of many, medical technology has run out of control and contributes to unnecessary suffering. Hence the demand has arisen that patients should be entitled to choose death when pain and physical and mental deterioration have destroyed the possibility of a dignified and meaningful life and that their doctors should help them to realize this endeavor. At the present time there are seven jurisdictions in the world that, with various restrictions, have legalized the practice of assisted death -- physician-assisted suicide and/or voluntary euthanasia - to wit, the Netherlands, Belgium, Luxembourg, Switzerland in Europe and the states of Oregon, Washington and Montana in the United States. Four of these regimes - in the Netherlands, Belgium, Switzerland and the state of Oregon -- have been functioning for many years, and we have for them a substantial body of data as well as much observational research. This book is based upon this material. The literature dealing with the moral, legal and social aspects of assisted death is voluminous, but there is a paucity of writing that provides a detailed account of the way these four regimes are actually working. Many partisans, on both sides of the issue, cite existing data selectively or, at times, willfully distort the empirical evidence in order to strengthen their case. Based on the documentary record and interviews with officials and scholars, this book seeks to give the specialist as well as the general interested reader a reliable picture of the way assisted death functions and to draw relevant lessons. While accurate factual information cannot settle a moral debate, it nevertheless is a precondition of any well-founded argument. 'The author speaks authoritatively about the issues he addresses. I think this book does make an important contribution to the field. It will be of interest to students and scholars of PAS as a source of information and reference. I definitely recommend publication.' Stuart Youngner, Department of Bioethics, Case Western Reserve University School of Medicine 'The information collected here makes an important contribution to the literature on PAS because it collects a broad array of relevant information into a single volume. It is interesting and enlightening. This will make the book a valuable resource for anyone interested in the subject and an especially useful resource for academics who study or teach about the issues.' Rosamond Rhodes, Director, Bioethics Education, Mt Sinai School of Medicine

Assisted Suicide and the European Convention on Human Rights

Author : Stevie Martin
Publisher : Taylor & Francis
ISBN 13 : 1000374815
Total Pages : 229 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Assisted Suicide and the European Convention on Human Rights by : Stevie Martin

Download or read book Assisted Suicide and the European Convention on Human Rights written by Stevie Martin and published by Taylor & Francis. This book was released on 2021-04-12 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Locating assisted suicide within the broader medical end-of-life context and drawing on the empirical data available from the increasing number of permissive jurisdictions, this book provides a novel examination of the human rights implications of the prohibition on assisted suicide in England and Wales and beyond. Assisted suicide is a contentious topic and one which has been the subject of judicial and academic debate internationally. The central objective of the book is to approach the question of the ban’s compatibility with the European Convention on Human Rights afresh; freed from the constraints of the existing case law and its erroneous approach to the legal issues and selective reliance on empirical data. The book also examines the compatibility of the ban on assisted suicide with rights which have either been erroneously disregarded or not considered by either the domestic courts or the European Court of Human Rights. Having regard to human rights jurisprudence more broadly, including in the context of abortion, the research and analysis undertaken here demonstrates that the ban on assisted suicide violates the rights of a significant number of individuals to life, to freedom from torture or inhuman or degrading treatment and to private life. Such analysis does not depend on a strained or contrived approach to the rights at issue. Rather, the conclusions flow naturally from a coherent, logical application of the established principles governing those rights. While the focus of the book is the Suicide Act 1961, the conclusions reached have implications beyond England and Wales, including for the other devolved jurisdictions and international jurisdictions. Beyond courts and legislators, it will be a valuable resource for students of human rights and medical law, as well as medical and legal practitioners and academics working in human rights and end-of-life care.

Death in State Custody

Author : E.C.M. Thoonen
Publisher : Maklu
ISBN 13 : 9046609049
Total Pages : 466 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Death in State Custody by : E.C.M. Thoonen

Download or read book Death in State Custody written by E.C.M. Thoonen and published by Maklu. This book was released on 2017-10-30 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is expected of State authorities with regard to the obligation to safeguard the life of detainees? What obligations do State authorities have in relation to the investigation into deaths that occur during deprivation of liberty by the State? This book addresses these questions regarding death in State custody in view of the European Convention on Human Rights, in particular the right to life, the prohibition of torture and the right to respect for private life (including the right to self-determination). It also provides an analysis of whether the Dutch legal framework contains safeguards to meet the requirements that follow from the European Convention on Human Rights. Matters that are discussed in detail are the obligation to provide healthcare to detainees and to take protective measures to safeguard the life of detainees. The ethical issues regarding end of life decisions of detainees, like refusal of medical treatment, hunger and/or thirst strike, suicide and euthanasia, and the conflicts that may arise in this regard considering the obligations of State authorities are addressed. This book is a must-have for all those who are involved in the (medical) treatment of detainees and who are confronted with death in State custody.

Advance Care Decision Making in Germany and Italy

Author : Stefania Negri
Publisher : Springer Science & Business Media
ISBN 13 : 364240555X
Total Pages : 279 pages
Book Rating : 4.6/5 (424 download)

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Book Synopsis Advance Care Decision Making in Germany and Italy by : Stefania Negri

Download or read book Advance Care Decision Making in Germany and Italy written by Stefania Negri and published by Springer Science & Business Media. This book was released on 2013-11-27 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the situation of people who are unable to make decisions due to a physical or mental change? This book gives impulses and answers to many ethical, economical and mainly legal questions which arise and are associated with the end of life. A universal human rights approach and the analysis of the relevant European law are put in front of the presentation of the national legal situations in Italy and Germany. The most topical and controversial issues concerning advance care planning are presented as well as a transnational economic analysis on the effects of advance care planning.

Caring Autonomy

Author : Katri Lõhmus
Publisher : Cambridge University Press
ISBN 13 : 1316299880
Total Pages : 259 pages
Book Rating : 4.3/5 (162 download)

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Book Synopsis Caring Autonomy by : Katri Lõhmus

Download or read book Caring Autonomy written by Katri Lõhmus and published by Cambridge University Press. This book was released on 2015-04-16 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite its absence in the written text of the European Convention on Human Rights, the European Court of Human Rights now regularly uses the concept of autonomy when deciding cases concerning assisted dying, sexuality and reproductive rights, self-determination, fulfilment of choices and control over body and mind. But is the concept of autonomy as expressed in the ECtHR reasoning an appropriate tool for regulating reproduction or medical practice? Caring Autonomy reveals and evaluates the type of individual the ECtHR expresses and shapes through its autonomy-based case law. It claims that from a social and ethical perspective, the current individualistic interpretation of the concept of autonomy is inadequate, and proposes a new reading of the concept that is rooted in the acknowledgment and appreciation of human interdependence and the importance of interpersonal trust and care.

The Reality of Human Dignity in Law and Bioethics

Author : Brigitte Feuillet-Liger
Publisher : Springer
ISBN 13 : 3319991124
Total Pages : 318 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis The Reality of Human Dignity in Law and Bioethics by : Brigitte Feuillet-Liger

Download or read book The Reality of Human Dignity in Law and Bioethics written by Brigitte Feuillet-Liger and published by Springer. This book was released on 2018-11-19 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adopting an interdisciplinary perspective, this volume explores the reality of the principle of human dignity – a core value which is increasingly invoked in our societies and legal systems. This book provides a systematic overview of the legal and philosophical concept in sixteen countries representing different cultural and religious contexts and examines in particular its use in a developing case law (including of the European Court of Human Rights and of the Inter-American Court of Human Rights). Whilst omnipresent in the context of bioethics, this book reveals its wider use in healthcare more generally, treatment of prisoners, education, employment, and matters of life and death in many countries. In this unique comparative work, contributing authors share a multidisciplinary analysis of the use (and potential misuse) of the principle of dignity in Europe, Africa, South and North America and Asia. By revealing the ambivalence of human dignity in a wide range of cultures and contexts and through the evolving reality of case law, this book is a valuable resource for students, scholars and professionals working in bioethics, medicine, social sciences and law. Ultimately, it will make all those who invoke the principle of human dignity more aware of its multi-layered character and force us all to reflect on its ability to further social justice within our societies.

Human Rights Within the European Union

Author : Tobias Gries
Publisher :
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Human Rights Within the European Union by : Tobias Gries

Download or read book Human Rights Within the European Union written by Tobias Gries and published by . This book was released on 2004 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Third-party Interventions Before the European Court of Human Rights

Author : Nicole Bürli
Publisher :
ISBN 13 : 9781780685939
Total Pages : 214 pages
Book Rating : 4.6/5 (859 download)

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Book Synopsis Third-party Interventions Before the European Court of Human Rights by : Nicole Bürli

Download or read book Third-party Interventions Before the European Court of Human Rights written by Nicole Bürli and published by . This book was released on 2017 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past decades the European Court of Human Rights has been increasingly engaged in constitutional decision-making. In this time the Court has decided whether abortion, assisted suicide, and surrogate motherhood are human rights. The Court's judgments therefore do not just affect the parties to a particular case, but individuals, other member states, and often European society at large. Unsurprisingly, a variety of entities such as non-governmental organisations, try to participate in the Court's proceedings as third-party interveners. Acknowledging a certain public interest in its decision-making, the Court accepted the first intervention in 1979. Since that time, interventions by individuals, member states and non-governmental organisations have increased. Yet despite this long-standing practice, third-party interventions have never been fully theorised. Third-Party Interventions before the European Court of Human Rights is the first comprehensive and empirical study on third-party interventions before an international court. Analysing all cases between 1979 and 2016 to which an intervention was made the book explores their potential influence on the reasoning and decision-making of the Court. It further argues that there are three different types of intervention playing different roles in the administration of justice: amicus curiae interventions by organisations with a virtual interest in the case which strengthen the Court's legitimacy in its democratic environment; member state interventions reinforcing state sovereignty; and actual third-party interventions by individuals who are involved in the facts of a case and who are protecting their own legal interests. As a consequence, the book makes a plea for applying distinct admissibility criteria to the different type of interventions as well as a more transparent procedure when accepting and denying interventions. Dr Nicole Bürli has been a human rights adviser with the World Organisation Against Torture since 2014. Prior to this, she was a research associate at the University of Zurich (2008-2012) and a visiting fellow at the University of Copenhagen (2012) and the University of Cambridge (2013). Nicole Bürli holds law degrees from the University of Bern and the University of Zurich.