system of human rights in health care. moral rights in health care

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System of human rights in health care. Moral rights in health care.

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Page 1: System of human rights in health care. Moral rights in health care

System of human rights in health care. Moral rights in health care.

Page 2: System of human rights in health care. Moral rights in health care

PLANPLAN General structure and classification of human General structure and classification of human

rights in health care.rights in health care. Human rights and certain groups in the health Human rights and certain groups in the health

sector.sector. Emergence of the right to life.Emergence of the right to life. The right to health and medical care.The right to health and medical care. Legal abortion.Legal abortion. Euthanasia.Euthanasia. The problem of euthanasia in the context of The problem of euthanasia in the context of

bioethics.bioethics.

Page 3: System of human rights in health care. Moral rights in health care

Basic terms and conceptsBasic terms and concepts

Human Rights.Human Rights. Health protectionHealth protection Medical activitiesMedical activities Rights of minorsRights of minors Patients' Rights Patients' Rights AIDSAIDS The therapeutic effectThe therapeutic effect DrugsDrugs Medical assistanceMedical assistance PregnancyPregnancy

MotherhoodMotherhood The rights of pregnant The rights of pregnant

women and motherswomen and mothers Medical care.Medical care. People with DisabilitiesPeople with Disabilities Right to lifeRight to life AbortionAbortion EuthanasiaEuthanasia The viability of the fetusThe viability of the fetus

Page 4: System of human rights in health care. Moral rights in health care

Types of legal statusTypes of legal status

The general legal status of citizens in the area of

medical activity

The special legal status of a person in the field of

medical practice

Individual legal status of a person in the field of medical

practice

This is a list of rights and responsibilities characteristic of all citizens of Ukraine. First of all, no doubt, it is a norm of the Constitution of Ukraine, Article 49 of which states that everyone has the right to health protection, medical care and health insurance. State and municipal health care health care free of charge.

This is a list of rights and responsibilities in the medical field, inherent to certain categories of people (pregnant women and mothers, minors, soldiers, elderly, disabled, etc.).. As an example, it is necessary to bring the provisions of Part VII Basic Laws of Ukraine on Health "Health of Mother and Child."

This is a list of rights and responsibilities in the medical field, characteristic of specific individuals. It should be noted that the legal status of individual rights - the most dynamic version of the legal status because it depends on profession, age, gender. It is worth noting a significant degree of similarity of the legal content of individual legal status and subjective human rights in the field of medical practice.

Page 5: System of human rights in health care. Moral rights in health care

areas of human rights in medical areas of human rights in medical practicepractice

legal (creating legal legal (creating legal documents that contain documents that contain

mechanisms for the mechanisms for the implementation of civil implementation of civil

rightsrights))

organizing (creating the organizing (creating the conditions under which it conditions under which it

becomes possible to becomes possible to implement the rights of implement the rights of

citizens)citizens)

Finance and Economics Finance and Economics (increase in health care (increase in health care costs in the budgets of costs in the budgets of

different levels, different levels, implementation of implementation of

targeted programs)targeted programs)

information (media information (media activities aimed at activities aimed at

informing citizens about informing citizens about their rights)their rights)

Depending on the source Depending on the source of support, entails the of support, entails the

following level of following level of protection of human rights protection of human rights

in medical practicein medical practice

internationalinternational

federalfederal

locallocal

Page 6: System of human rights in health care. Moral rights in health care

Classification of human rights in medical Classification of human rights in medical practicepractice

Human rights in health Human rights in health carecare

The rights of certain The rights of certain groups of health caregroups of health care

Patients' RightsPatients' Rights

The right to healthThe right to health

The right to information The right to information about the factors that about the factors that

influence healthinfluence health

Right to health careRight to health care

The rights of family The rights of family membersmembers

The rights of pregnant The rights of pregnant women and motherswomen and mothers

Rights of minorsRights of minors

Copyright militaryCopyright military

The rights of the elderlyThe rights of the elderly

Disability RightsDisability Rights

The rights of individuals The rights of individuals affected by the affected by the

Chernobyl accidentChernobyl accident

The rights of persons The rights of persons serving sentences in serving sentences in

prisonprison

General rights of General rights of patientspatients

General rights of General rights of doctorsdoctors

Page 7: System of human rights in health care. Moral rights in health care

The State shall guarantee the provision of The State shall guarantee the provision of such species Prophylaxissuch species Prophylaxis

Primary Prophylaxis - the bulk of health care, which Primary Prophylaxis - the bulk of health care, which includes consultation, diagnosis and treatment of simple includes consultation, diagnosis and treatment of simple basic common diseases, injuries and poisoning, preventive basic common diseases, injuries and poisoning, preventive measures that patients are filing specialized and highly measures that patients are filing specialized and highly specialized care. Primary Prophylaxis is provided mainly by specialized care. Primary Prophylaxis is provided mainly by area of family doctors or other GPs.area of family doctors or other GPs.

specialized (secondary) treatment and preventive care - care specialized (secondary) treatment and preventive care - care that is served by physicians with appropriate specialization that is served by physicians with appropriate specialization and can provide more qualified advice, diagnosis, prevention and can provide more qualified advice, diagnosis, prevention and treatment than general practitioners.and treatment than general practitioners.

highly specialized (tertiary) treatment and preventive care - highly specialized (tertiary) treatment and preventive care - care that is fed physician or group of physicians who are care that is fed physician or group of physicians who are trained in the field of complex for the diagnosis and trained in the field of complex for the diagnosis and treatment of diseases in the treatment of diseases that require treatment of diseases in the treatment of diseases that require special methods of diagnosis and treatment, as well as to the special methods of diagnosis and treatment, as well as to the diagnosis conduct and treatment of diseases that are rare.diagnosis conduct and treatment of diseases that are rare.

Page 8: System of human rights in health care. Moral rights in health care

Regulatory framework healthcare minors upRegulatory framework healthcare minors up

The Constitution of Ukraine on June 28, 1996The Constitution of Ukraine on June 28, 1996 The UN Convention on the Rights of the Child of 20 November The UN Convention on the Rights of the Child of 20 November

19891989 Universal Declaration of Human Rights of 10 December 1948Universal Declaration of Human Rights of 10 December 1948 Convention for the Protection of Human Rights and Convention for the Protection of Human Rights and

Fundamental Freedoms (Rome, 4 November 1950) (with Fundamental Freedoms (Rome, 4 November 1950) (with amendments of 21 September 1970, 20 December 1971, amendments of 21 September 1970, 20 December 1971, January 1, November 6, 1990 , May 11, 1994 );January 1, November 6, 1990 , May 11, 1994 );

Family Code of Ukraine of 10 January 2002Family Code of Ukraine of 10 January 2002 Law of Ukraine "On Protection of Childhood" on April 26, Law of Ukraine "On Protection of Childhood" on April 26,

20012001

Children - our future. This motto we often hear from various media. But one should ask the question, is it always in sufficient quantity provided the conditions for the full enjoyment by children of their rights and legal interests, especially in the area of human health.

Page 9: System of human rights in health care. Moral rights in health care

MINISTRY OF HEALTH OF MINISTRY OF HEALTH OF UKRAINEUKRAINE

adequate funding for medical genetic services,

free passage of medical and genetic counseling for

families who wish to have children, and free

preventive examination of women of reproductive age

proper implementation of the legislation in the field of

Child and Adolescent Health

opening in each region of Ukraine Center for Reproductive Medicine, in which treatment will be free of charge or on a concessional interest-free long-

term loans

of annual free medical checkups, children living in areas

contaminated by the Chernobyl disaster and, if necessary, to provide

full medical care required

Ministry of Health of Ukraine provides secure

Page 10: System of human rights in health care. Moral rights in health care

In health, senior citizens are guaranteed In health, senior citizens are guaranteed the following rightsthe following rights

to free quality medical care in senior centers, hospitals for to free quality medical care in senior centers, hospitals for the elderly and other inpatient, ambulatory outpatient the elderly and other inpatient, ambulatory outpatient facilities, and home based achievements Gerontology and facilities, and home based achievements Gerontology and Geriatrics in accordance with the laws of Ukraine on Health.Geriatrics in accordance with the laws of Ukraine on Health.

on health resort treatment.on health resort treatment. to provide dentures, hearing aids, dental-prosthesis. These to provide dentures, hearing aids, dental-prosthesis. These

types of orthopedic care available to them free of charge or types of orthopedic care available to them free of charge or on concessional terms (with the exception of dental on concessional terms (with the exception of dental prostheses made of precious metals) in the order established prostheses made of precious metals) in the order established by the Cabinet of Ministers of Ukraineby the Cabinet of Ministers of Ukraine

Page 11: System of human rights in health care. Moral rights in health care

DisabledDisabled

Disabled - a person with a persistent disorder of body functions , caused by Disabled - a person with a persistent disorder of body functions , caused by disease , trauma or congenital defects , leading to Disability , the need for disease , trauma or congenital defects , leading to Disability , the need for social assistance and protection. The Law of Ukraine "On the Principles of social assistance and protection. The Law of Ukraine "On the Principles of Social Protection of the Disabled in Ukraine " in Art. 38 provides that the Social Protection of the Disabled in Ukraine " in Art. 38 provides that the services of welfare and health care, technical and other means ( prosthetic services of welfare and health care, technical and other means ( prosthetic and orthopedic products, orthopedic footwear, vehicles, including chairs, and orthopedic products, orthopedic footwear, vehicles, including chairs, electric wheelchairs , cars , personal devices, artificial eyes, teeth, jaws, electric wheelchairs , cars , personal devices, artificial eyes, teeth, jaws, glasses , hearing and voice devices, hardware, mobile phones and faxes to glasses , hearing and voice devices, hardware, mobile phones and faxes to written communication, implants, urinary and excrement receiver etc. ) are written communication, implants, urinary and excrement receiver etc. ) are provided to disabled persons and children with disabilities free of charge or provided to disabled persons and children with disabilities free of charge or on preferential terms is for use with medical opinion.on preferential terms is for use with medical opinion.

Page 12: System of human rights in health care. Moral rights in health care

Benefits and compensation that are Benefits and compensation that are guaranteed to all categories of victims in guaranteed to all categories of victims in

HEALTHCAREHEALTHCARE free purchase of medicines prescribed by doctors.free purchase of medicines prescribed by doctors. extraordinary free dentures (excluding dentures extraordinary free dentures (excluding dentures

with precious metals and similar in value to them, with precious metals and similar in value to them, as determined by the Ministry of Health of Ukraine) as determined by the Ministry of Health of Ukraine) (other than persons falling within the 4th category).(other than persons falling within the 4th category).

primary care in medical institutions and primary care in medical institutions and pharmacies.pharmacies.

Use at retirement and career change clinics to Use at retirement and career change clinics to which they were attached during operation.which they were attached during operation.

annual health care check-ups involving appropriate annual health care check-ups involving appropriate specialists, treatment in specialized hospitalsspecialists, treatment in specialized hospitals

Page 13: System of human rights in health care. Moral rights in health care

RIGHT TO LIFERIGHT TO LIFE

The right to life should be seen as a set of elements

(features)

The right to preserve life

The right to security of person

The right to manage their lives

The right to health and health care

The right to demand from the government to

implement measures to support life

Page 14: System of human rights in health care. Moral rights in health care

NEED approach of the right to life NEED approach of the right to life and medical practiceand medical practice

problems saving people's lives in many ways related to problems saving people's lives in many ways related to medical activities, as they often require medical attention.medical activities, as they often require medical attention.

the rapid development of new medical technologies the rapid development of new medical technologies (transplantation, genetics, cloning, resuscitation, etc.). often (transplantation, genetics, cloning, resuscitation, etc.). often come into conflict with the right to life.come into conflict with the right to life.

operations abortion (abortion) raise the question of priority operations abortion (abortion) raise the question of priority of life and health of the mother of unborn human life.of life and health of the mother of unborn human life.

complex social and economic upheavals of recent decades, complex social and economic upheavals of recent decades, which also affected the health sector, led to a different access which also affected the health sector, led to a different access to care under different degrees of protection of the right to to care under different degrees of protection of the right to life.life.

euthanasia as a manifestation of "non-core" health impact euthanasia as a manifestation of "non-core" health impact of the environment on human life. The validity of the term of the environment on human life. The validity of the term "right to die"."right to die".

suicide, which is a variant of self-life disposal.suicide, which is a variant of self-life disposal.

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AIMS AND OBJECTIVES OF THE RELATIONSHIP right AIMS AND OBJECTIVES OF THE RELATIONSHIP right to life and medical practice in modern terms, the following to life and medical practice in modern terms, the following

elements are allocated the right to healthelements are allocated the right to health

group of social and legal rights (right to access to health care,

the right to housing, education, social security, etc.).

Group constitutionally assigned moral rights (right to physical and mental

integrity, to privacy)

group rights associated with providing an enabling

environment

group of economic rights (the right to private property, the right to work,

etc.).

Page 16: System of human rights in health care. Moral rights in health care

"Right to health" and "Right to medical care "Right to health" and "Right to medical care (The right to receive medical care)"(The right to receive medical care)"

The difference between the concepts of The difference between the concepts of "right to health" and "the right to health "right to health" and "the right to health care (the right to receive medical care)"care (the right to receive medical care)"

right to health care - a broad legal category right to health care - a broad legal category that includes a set of measures of social, that includes a set of measures of social,

economic, environmental, aimed, in general, economic, environmental, aimed, in general, prevention of disease in humansprevention of disease in humans

right to health care - the inalienable right of right to health care - the inalienable right of every human being, regardless of the state of every human being, regardless of the state of health, while the right to health care is often health, while the right to health care is often associated with the presence of a disease or associated with the presence of a disease or

pathological conditionpathological condition

ensure the right to health care - a task many of the structures of ensure the right to health care - a task many of the structures of power of the machine, while the implementation of the right to power of the machine, while the implementation of the right to

health care depends on the state and municipal authorities to health care depends on the state and municipal authorities to ensure the development of healthcareensure the development of healthcare

Page 17: System of human rights in health care. Moral rights in health care

Three approaches to the definition of the beginning of Three approaches to the definition of the beginning of human life, according to which the right to life humans human life, according to which the right to life humans

therethere Article 269 of the Civil Code of Ukraine Article 269 of the Civil Code of Ukraine

stipulates that moral rights belong to every stipulates that moral rights belong to every individual from birth or by lawindividual from birth or by law

Before birth, at different stages of its fetal Before birth, at different stages of its fetal development, man is a part of the mother, in development, man is a part of the mother, in whose womb it iswhose womb it is

The subject of the right to life, as well as other The subject of the right to life, as well as other rights, can only be born of man as the rights rights, can only be born of man as the rights and duties can only really existing, born a manand duties can only really existing, born a man

The religious culture that shows respect for The religious culture that shows respect for human life from the moment of conception, human life from the moment of conception, hence the condemnation of abortion, hence the condemnation of abortion, regardless of the timing of pregnancyregardless of the timing of pregnancy

Normative legal acts containing provisions Normative legal acts containing provisions which indirectly indicate the presence of which indirectly indicate the presence of certain rights being conceived - the future of certain rights being conceived - the future of humanhuman

Medical criteria under which considered viable Medical criteria under which considered viable even persons born before the average period of even persons born before the average period of pregnancy weighing much less than normalpregnancy weighing much less than normal

Normative legal acts containing provisions Normative legal acts containing provisions which indirectly indicate the presence of which indirectly indicate the presence of certain rights of the fetus at different periods certain rights of the fetus at different periods of fetal developmentof fetal development

From birth

From the moment of conception

In different periods of fetal development

Three Three approaches approaches

Page 18: System of human rights in health care. Moral rights in health care

Right to health and medical careRight to health and medical care According to Article 49 of the Constitution everyone has the right to health protection, According to Article 49 of the Constitution everyone has the right to health protection,

medical care and medical insurance. International Covenant on Economic, Social and medical care and medical insurance. International Covenant on Economic, Social and Cultural Rights in Part 1 of Article 12 recognizes the right of everyone to the highest Cultural Rights in Part 1 of Article 12 recognizes the right of everyone to the highest attainable standard of physical and mental health, and in accordance with the Charter attainable standard of physical and mental health, and in accordance with the Charter of the World Health Organization, health is a state of complete physical, mental and of the World Health Organization, health is a state of complete physical, mental and social well being and not merely the absence of disease or characterized by infirmitysocial well being and not merely the absence of disease or characterized by infirmity

The right to health care is enshrined in Article 6 of the Basic Laws of Ukraine on The right to health care is enshrined in Article 6 of the Basic Laws of Ukraine on health care as a right for skilled health care. President of Ukraine Decree "On health care as a right for skilled health care. President of Ukraine Decree "On additional measures to improve the healthcare of Ukraine" aims to provide additional additional measures to improve the healthcare of Ukraine" aims to provide additional guarantees of these rights. Decree of the President of Ukraine dated December 7, 2000 guarantees of these rights. Decree of the President of Ukraine dated December 7, 2000 № 1313/2000 also approved the Concept of Development of Health Care of Ukraine.№ 1313/2000 also approved the Concept of Development of Health Care of Ukraine.

According to Article 39 of the Basic Laws of Ukraine health physician must explain to According to Article 39 of the Basic Laws of Ukraine health physician must explain to the patient in simple terms his health, the purpose of the proposed research and the patient in simple terms his health, the purpose of the proposed research and therapeutic measures, the prognosis of the disease possible, including a risk to life and therapeutic measures, the prognosis of the disease possible, including a risk to life and health of I, and the patient has the right to learn the history of the disease and other health of I, and the patient has the right to learn the history of the disease and other medical documentsmedical documents

The provision of health care to an individual, conducting its examination and The provision of health care to an individual, conducting its examination and treatment, health care providers receive appropriate set of information about the treatment, health care providers receive appropriate set of information about the person. The relationship between patient and medical staff are confidential in nature person. The relationship between patient and medical staff are confidential in nature and provide for the confidentiality of information provided by the doctor to the patient and provide for the confidentiality of information provided by the doctor to the patient and he gets in the diagnosis and treatmentand he gets in the diagnosis and treatment

Individuals who are hospitalized in a health facility firstly have all the rights that have Individuals who are hospitalized in a health facility firstly have all the rights that have patients who are not hospitalized (Article 283-286 of the Civil Code)patients who are not hospitalized (Article 283-286 of the Civil Code)

Page 19: System of human rights in health care. Moral rights in health care

NewbornsNewborns

newbornis alive

at the following sign

pulsation of the umbilical cord vessels

breathing

palpitation

skeletal muscle movements

Page 20: System of human rights in health care. Moral rights in health care

Transaction of lawful abortion when the following Transaction of lawful abortion when the following conditionsconditions

an indication for abortion (the so-called "emergency")an indication for abortion (the so-called "emergency") doctor gives advice, but the final decision is made by the doctor gives advice, but the final decision is made by the

woman herselfwoman herself after the application has to take five days, this "reflection after the application has to take five days, this "reflection

on“on“ permitted abortion before fetal viability (upper limit - 22nd permitted abortion before fetal viability (upper limit - 22nd

week of pregnancy)week of pregnancy)

Abortion is one of the oldest problems of medical ethics and philosophy, law and theology. Hippocratic Oath prohibits medical abortion ("I ... do not be awarded to any woman abortive pessariya")

Page 21: System of human rights in health care. Moral rights in health care

LEGISLATIVE REGULATION LEGISLATIVE REGULATION ABORTIONABORTION

LEGISLATIVE REGULATION abortion on the LEGISLATIVE REGULATION abortion on the following principlesfollowing principles

respect for women's respect for women's rights to dispose of the rights to dispose of the situation regarding the situation regarding the

availability of availability of pregnancypregnancy

create conditions to create conditions to prevent criminal prevent criminal conduct artificial conduct artificial terminations of terminations of

pregnancypregnancy

declaration and declaration and implementation of the implementation of the state policy aimed at state policy aimed at

reducing the number of reducing the number of abortions as a means of abortions as a means of

birth controlbirth control

Page 22: System of human rights in health care. Moral rights in health care

EuthanasiaEuthanasia

Euthanasia is a deliberate act or omission of health professionals who are committed by them in the presence of writing petitions patient who is in a state where aware of the importance of their actions and can control them, subject to statutory conditions to end his physical, psychological and mental suffering , which resulted in realized right to a dignified death.Active euthanasia - is carrying out any action, the introduction of drugs that accelerate death. Public popularity became an American pathologist J. Kevorkian that for quite some time has public active euthanasia seriously ill people who have addressed such a request

Euthanasia - is a serious problem of contemporary bioethics to consider which requires consideration of all the "support" and "against." The situation euthanasia is a reflection of the original conflict between the normative and situational ethics

Page 23: System of human rights in health care. Moral rights in health care

SPECIES CLASSIFICATION of SPECIES CLASSIFICATION of EUTHANASIAEUTHANASIA

"euthanasia", "voluntary euthanasia" and "euthanasia", "voluntary euthanasia" and "involuntary euthanasia“"involuntary euthanasia“

"active" and "passive";"active" and "passive"; "positive" and "negative“"positive" and "negative“ "pent-syringe method" and "technique-filled "pent-syringe method" and "technique-filled

syringe«syringe« "медикотаназію", "фтоназію" ("пасивну "медикотаназію", "фтоназію" ("пасивну

евтаназію") і "активну евтаназію"евтаназію") і "активну евтаназію" "active", "passive" and "auto euthanasia""active", "passive" and "auto euthanasia"

Page 24: System of human rights in health care. Moral rights in health care

Euthanasia and its three main groupsEuthanasia and its three main groups

Analysis of modern legal doctrine on human euthanasia Analysis of modern legal doctrine on human euthanasia enables to distinguish three main groupsenables to distinguish three main groups

The legal doctrine that The legal doctrine that categorically denied the categorically denied the right to euthanasia (S. right to euthanasia (S.

Stecenko, I. Senyuta, N. Stecenko, I. Senyuta, N. Kozlova, A. Zyabrev, G. Kozlova, A. Zyabrev, G.

Borzenkov, S. Borodin, P. Borzenkov, S. Borodin, P. Tarakin, A. Kapinus). This Tarakin, A. Kapinus). This group insist that legalizing group insist that legalizing euthanasia could lead to euthanasia could lead to

abuse, the loss of hospice, as abuse, the loss of hospice, as well as paralysis of scientific well as paralysis of scientific progress in the medical fieldprogress in the medical field

Legal doctrines that justify Legal doctrines that justify the right to euthanasia the right to euthanasia

depends on the will of man depends on the will of man (Yuri Dmitriev, E. (Yuri Dmitriev, E.

Shlenyeva, V. Glushkov, J. Shlenyeva, V. Glushkov, J. Siulyanova, L. Minelli). Siulyanova, L. Minelli).

Under this legal doctrine on Under this legal doctrine on the main stulatom is the the main stulatom is the

recognition of the autonomy recognition of the autonomy of the individual, human of the individual, human rights itself solve all the rights itself solve all the issues related to its body, issues related to its body,

mental and emotional status.mental and emotional status.

Legal doctrines that justify Legal doctrines that justify the right to euthanasia the right to euthanasia

derives from the right to life derives from the right to life (A. Coney, N. Makleyin E. (A. Coney, N. Makleyin E.

What G. Romanov, M. What G. Romanov, M. Maleyina). According to this Maleyina). According to this

legal doctrine, the right to legal doctrine, the right to life logically implies the life logically implies the

right to death as the right to right to death as the right to death is a part of the right to death is a part of the right to life, and without this right to life, and without this right to life becomes a duty, because life becomes a duty, because of it can not abandon that, of it can not abandon that, obviously, is characteristic obviously, is characteristic only for duty, not for lawonly for duty, not for law

Page 25: System of human rights in health care. Moral rights in health care

Subjects will of euthanasiaSubjects will of euthanasia

share of voluntary euthanasia, that is applied to terminally ill share of voluntary euthanasia, that is applied to terminally ill medical or other means, resulting in mild and peaceful death at the medical or other means, resulting in mild and peaceful death at the request of a patient who is aware of their actions and can manage request of a patient who is aware of their actions and can manage them and forced, which means causing death light by appropriate them and forced, which means causing death light by appropriate means and action terminally patient, but by the decision of family means and action terminally patient, but by the decision of family members or legal representatives of public institutionsmembers or legal representatives of public institutions

possibility of misdiagnosis when initially incurable disease, it possibility of misdiagnosis when initially incurable disease, it appears, will continue to treatappears, will continue to treat

humanity of the medical profession, requiring the latter to prolong humanity of the medical profession, requiring the latter to prolong life, not to accelerate the coming of deathlife, not to accelerate the coming of death

permit euthanasia can lead to abuse by health professionalspermit euthanasia can lead to abuse by health professionals human right to euthanasia, based on the definition, should provide human right to euthanasia, based on the definition, should provide

duty medic accelerate the deathduty medic accelerate the death

Page 26: System of human rights in health care. Moral rights in health care

TERMS OF EUTHANASIATERMS OF EUTHANASIA

Failure to currently existing methods and techniques of Failure to currently existing methods and techniques of medicine to cure the sick, relieve their sufferingmedicine to cure the sick, relieve their suffering

Conscious, persistent, repeated the request to hold the patient Conscious, persistent, repeated the request to hold the patient euthanasiaeuthanasia

Adequate informing a patient by the attending physician on Adequate informing a patient by the attending physician on the health status and outcomes of euthanasiathe health status and outcomes of euthanasia

Conduct consultation of medical specialists, with the Conduct consultation of medical specialists, with the unanimous opinion of the impossibility of confirmation to unanimous opinion of the impossibility of confirmation to save or relieve the suffering of the patientsave or relieve the suffering of the patient

Informing relatives of the patientInforming relatives of the patient Informing the prosecutionInforming the prosecution The court decision on the applicability of euthanasiaThe court decision on the applicability of euthanasia

Page 27: System of human rights in health care. Moral rights in health care

"LIFE" AND "LIFE" AND “DEATH" “DEATH"

" Life" and " DEATH " is a fundamental philosophical categories that are important in the construction of modern biological ethics. The phenomenon is the product of a controversial euthanasia weave their essential content.Death, like life, is universal, it is present everywhere. Therefore, it is clear that humankind throughout its existence could not be indifferent to the understanding of the phenomenon of death in the context of its social and cultural development. The desire to uncover the mystery of death, embodied in folk traditions, folklore, art, literature , religion and philosophy.The philosophy of human mortality is regarded not only as natural , but as a social phenomenon that requires rational thinking and perception. For reconstruction of Neanderthal burial indicates the presence of these ideas about human existence is not completeness death. This ancient idea later led to the concept of an immortal incorporeal soul. With immortality , mankind tried to break free from the fear of inevitable death.In daily life, religious, philosophical and scientific literature, the concept of immortality becomes something different content . For example , it can be understood as the reincarnation of souls , or reincarnation , or as an extension of human life in the seed , how to achieve eternal imperishable quality of life, or as a dissolving certain mental impersonal nature of the substrate in the spirit of God. Somehow, despite the different interpretations of immortality inseparably linked with human desire in any way to overcome the temporary existence."Death as a medical and psychological phenomenon allowing for the new criterion appears as a process consisting of two stages: the event has already taken place - the actual death (death) and the preceding her intermediary between life and death stages of dying (dying)».

Page 28: System of human rights in health care. Moral rights in health care

FORMS OF EUTHANASIA

SECOND - voluntary euthanasia ("compassionate homicide"), that is, through specific actions doctor with mandatory consent of the

patient (who is aware of his desire) causing "light" his death, to end the suffering

FIRST - euthanasia as the occurrence of death light that comes naturally or through special events

THIRD - forced euthanasia, which is decided upon by

relatives or public institutions through

activities that lead to "light" the death of man

Page 29: System of human rights in health care. Moral rights in health care

Guided by the following considerations supporter of Guided by the following considerations supporter of euthanasia, at least form discontinuation of euthanasia, at least form discontinuation of

treatment, consider it permissibletreatment, consider it permissible Medical - Death as a last resort end the suffering of the Medical - Death as a last resort end the suffering of the

patientpatient patient care for their loved ones - "they do not want to patient care for their loved ones - "they do not want to

burden them“burden them“ selfish motive of the patient - the desire to "die with dignity“selfish motive of the patient - the desire to "die with dignity“ biological - the necessity to kill disabled people because of biological - the necessity to kill disabled people because of

the threat of degeneration of the human species (due to the the threat of degeneration of the human species (due to the accumulation of abnormal genes in the population)accumulation of abnormal genes in the population)

principle of expediency - end of long and ineffective principle of expediency - end of long and ineffective measures to maintain the life of the terminally ill to use the measures to maintain the life of the terminally ill to use the apparatus for resuscitation of patients with less injuriesapparatus for resuscitation of patients with less injuries

economic - treatment and support of most terminally ill economic - treatment and support of most terminally ill requires the use of expensive equipment and drugsrequires the use of expensive equipment and drugs

Page 30: System of human rights in health care. Moral rights in health care

LiteratureLiterature

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