An individual鈥檚 right of self-determination and Euthanasia : a comparative legal perspective

Abstract

This thesis explores euthanasia through the lens of self-determination, analyzing its legal, ethical, and human rights implications in a comparative context. It examines whether prohibiting euthanasia infringes on fundamental human rights, particularly under Articles 2 and 8 of the ECHR. Article 2 emphasizes the right to life, while Article 8 underscores personal autonomy, creating a legal tension between state obligations and individual freedoms. Focusing on Europe, the thesis evaluates case law, including Pretty v. United Kingdom, Haas v. Switzerland, and Lambert and Others v. France, which highlight the European Court of Human Rights' reliance on the margin of appreciation doctrine. This approach grants states discretion in euthanasia regulation, reflecting cultural and societal values. Comparative analyses of permissive frameworks in the Netherlands, Belgium and Portugal, and prohibitive stances in Poland, Ireland and Malta, underscore the varied legal and ethical approaches across Europe. Policy recommendations include enhancing palliative care, standardizing safeguards, recognizing advance directives, and fostering public dialogue to address these complexities. Malta's anticipated white paper on end-of-life care exemplifies efforts to improve regulation without legalizing active euthanasia. Ultimately, this study advocates for a balanced approach that respects individual autonomy while safeguarding societal values, aiming to harmonize legal, ethical, and cultural considerations in addressing the complexities of end-of-life decision-making.