DECISION-MAKING RIGHTS AT THE END OF LIFE: A COMPARATIVE STUDY OF NATURAL DEATH, EUTHANASIA, AND THAI LAW

Abstract

Advances in medical technology, both in diagnosis and treatment, have led to numerous patients being cured of diseases or conditions that were previously untreatable. However, many diseases, such as cancer, remain in advanced stages, causing patients immense suffering from treatments like radiation therapy, chemotherapy, or targeted therapy, which inevitably result in side effects. This significantly reduces their quality of life and creates substantial problems for patients, their families, and their financial well-being. Decisions regarding end-of-life care are sensitive issues involving law, medical ethics, human rights, religion, and societal values. While many countries have developed laws supporting euthanasia or assisted suicide under strict conditions, Thailand continues to prioritize the right to refuse treatment and to die naturally through Section 12 of the National Health Act B.E. 2550 (2007). This reflects an attempt to strike a balance between respecting the patient’s will and the principle of life protection within the Thai legal system. The author believes that, at present, there is no need to amend the law to active euthanasia. Instead, the focus should be on ensuring that the rights already recognized and protected by law are effectively enforced and implemented in practice. This includes developing palliative care systems and educating the public on preparing will documents and advance care planning. The aim is to concretely protect the human dignity and quality of life of terminally ill patients within the context of Thai society and law.