THE PRINCIPLE OF RESPECT FOR HUMAN DIGNITY AND END OF LIFE DECISIONS: A EUROPEAN PERSPECTIVE
9 views 0 purchase
Course
E PRINCIPLE OF RESPECT FOR HUMAN DIGNITY
Institution
E PRINCIPLE OF RESPECT FOR HUMAN DIGNITY
4. Human dignity and end of life decision-making:
the individual’s right to choose freely and
autonomously his or her own destiny
So far this article has emphasised that European legal systems are built
on ethical foundations, underpinned by respect for human dignity, which
justify, inter al...
All rights reserved. Any UK statutory material in this material in this
publication is acknowledged as Crown Copyright.
No part of this publication may be reproduced or transmitted in any form, or by any means, or stored
in any retrieval system of any nature without the prior written permission of the publishers.
Permitted fair dealing under the Copyright, Designs and Patents Act 1988, or in accordance with
the terms of a licence issued by the Copyright Licensing Agency in respect of photocopying and/or
reprographic reproduction is excepted.
Any application for permission for other use of copyright material including permission to
reproduce extracts in other published works must be made to the publishers, and in the event of such
permission being granted full acknowledgement of author, publisher and source must be given.
Production Editor: Paula Clifford
Publisher: Nicholas Gingell
Typeset by Walker Cook, Hinton-in-the-Hedges, Northants
Printed and bound in the United Kingdom by Berforts Information Press, Oxon
Whilst every effort has been made to ensure that the information contained in this publication is correct, neither
the editors and contributors nor Lawtext Publishing Limited can accept any responsibility for any errors or
omissions, nor for any consequences that may result. Lawtext Publishing Limited takes no responsibility for
the accuracy of the URLs of external websites given in this publication nor for the accuracy or relevance of their
content.
,CONTENTS
CONTEMPORARY ISSUES IN LAW
VOLUME 14 ISSUE 1
Published by Lawtext Publishing Limited – www.lawtext.com
END OF LIFE DECISIONS
EDITOR’S INTRODUCTION vii
THE PRINCIPLE OF RESPECT FOR HUMAN DIGNITY AND END OF
LIFE DECISIONS: A EUROPEAN PERSPECTIVE 1
Vincenzo Pacillo
Even if respect for human dignity is a primary principle shared by all
European democracies and constituting a foundational pillar of European
constitutionalism, there is no common conception of ‘dignity’. Moreover,
one of the most vexing issues facing the jurist is balancing the relationship
between the right to human dignity and exercise of self-determination. This
article aims to demonstrate how the principle of respect for human dignity
has a clear juridical definition, implying a general guarantee of moral
freedom, intended as the right to live one’s life in harmony with one’s
moral convictions and commitments. The right to moral freedom is linked
to the individual’s right to freely and autonomously choose his or her own
destiny, which may be limited only in order to preserve the ‘core content’
of nursing and medical ethics. This choice exemplifies a soft paternalism,
resulting in precepts and prohibitions which do not in any way infringe
the principle of personal responsibility, as they are based on plausible
assumptions held by the vast majority of citizens and are, further, targeted
at seeking to preserve society’s most fundamental and cherished values.
These limits may shift over time, but the process of change must necessarily
result from a consultative process involving all relevant stakeholders.
, iv CIL 14 Contemporary Issues in Law
NICKLINSON AND CARTER: THE DISCRIMINATION AND EQUALITY
PROVISIONS IN ASSISTED SUICIDE 21
Glenys Williams
Although Canadian courts’ and legislative provisions are constitutionally
distinct to those which operate in England and Wales (for ease of reference
referred to as ‘the UK’), an examination of two cases from each jurisdiction
will show that there is nonetheless sufficient similarity between them to
be able to make a valid comparison of the key factors which have been
considered in deciding whether legislation which imposes a blanket ban
on assisted suicide infringes fundamental rights protected by, on the one
hand, the Canadian Charter of Rights and Freedoms and, on the other, the
European Convention on Human Rights. The particular focus here is on the
equality provision contained in s15 of the Charter in light of the Canadian
cases of Rodriguez (1993) and Carter (2012-15), and the discrimination clause
in Article 14 ECHR in the context of the UK cases of Pretty (2001-2) and
Nicklinson (2012-14). Although there is still some way to go (especially
in the UK), it will be seen that judicial perception as to what is meant by
discrimination has changed significantly, and for the better, during that
time.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller NurseBernie. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.49. You're not tied to anything after your purchase.
