Right for Natural Death : A Study of Declaration to Refuse Medical Treatment by Patients and Their Descendants

Abstract

          Currently, the advanced and modern development of medical science provides that can save and prolong life for patients’ lives, even if the intervention will further harm the patients’ quality of life and human dignity, and sometimes emotional suffering from living. The perspective of the medical profession, religion, society, and legal morality on when a patient faces the end-stage of life with no treatment that can cure and in a desperate condition, the patients, therefore, have the right to be free from their suffering by choosing the path to choose for oneself the next steps in treatment. Accordingly, some nations prescribe the law to determine rules and conditions for allowing the patients to pass away peacefully at the end-stage of life by applying the concept of the “Right of Natural Death” to help the patients release themselves peacefully. According to the aforementioned concept, the rules and conditions are defined to help the patients show the intention of their rights of natural death; in addition, the rules and conditions allow the parents, relatives, or son/daughter to decide on the patient’s behalf in case the patient cannot voice their intention or make the decision. However, Thai laws there is only the National Health Act, B.E. 2550, by Section 12 The living will is considered as a person’s. The said Section, which allows a person to refuse the treatment. Moreover, the said Section does not prescribe or certify that the right to refuse the public health service can be decided by the parents, relatives, son/daughter, or the person who takes care of the patient. the author agrees applying the concept and conditions of the right of natural death as used in some countries and adapted to Thai laws in order to be clear and suitable for further development of perceptions and Thai laws.