Eutanasia, National and International Perspectives

AuthorCiasc Rustin
PositionJudge, President of Caras-Severin County Court, PhD in progress, Faculty of Law and Administrative Sciences, West University of Timisoara
Pages41-51
JURIDICA
41
Euthanasia, National and International
Perspectives
Rustin-Petru CIASC
1
Abstract: The topic of euthanasia can be defined and analyzed upon considering several perspectives,
such as the legal, religious, historical, philosophical, medical or ethical ones. This article attempts to
supply a brief presentation of these perspectives, indicating the existing trends and standpoints at
world level in connection to perceptions regarding the phenomenon mentioned, exemplified by
opinions described in the doctrine and relevant jurisprudence. At the same time, in this article I will
try to indicate the wea k spots of the Romanian legislation in the euthanasia area, upon supplying
some proposals for legislative intervention. Concomitantl y, it should appear the idea that not the right
to die per se is to receive motivations and b e included in the law, but the duty to live. This should be
done first by drafting an adequate law to the terminal states that would guide their medical practice
and comply with the world legislative trends.
Keywords: sweet death; physical suffering; medical accountability; right to die; embryo
Most countries adopted a penal policy in which euthanasia and assisted suicide are
deemed criminal felonies, a situation that also exists in Romania. In the Romanian
law system, euthanasia can be considered also a murder felony (that was
committed, from the material element point of view, by action in the case of active
euthanasia, and by inaction in the case of the passive one), and assisted suicide as
felony of determining or facilitating suicide is regulated by article 179 of the Penal
Code. Although there are no express criminal provisions concerning euthanasia, the
silence specific to Romanian legislation is partially replaced by the provisions of
the Medical Ethics Code adopted in 2005. Article 121 states “euthanasia is
completely forbidden, this being the use of some substances or means in order t o
provoke the death of a sick person, no matter the severity and prognosis of the
disease, even if a perfectly conscious sick person has asked for this”. Article 122
provisions “the physician will not assist or indicate persons to commit suicides or
1
Judge, President of Cara-Severin County Court , PhD in progress, Faculty of Law and
Administrative Sciences, West University of Timisoara. Corresponding author: rustin. ciasc@just. ro.
AUDJ, vol. 9, no. 2/2013, pp. 41-51

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