Legal problems relating to active euthanasia and criminal liability according to the Thai Penal Code
Article Sidebar
Main Article Content
Abstract
This research examines (1) To study the legal issues related to active euthanasia in Thai law. (2) To compare interesting foreign laws concerning active euthanasia. (3)To explore approaches to active euthanasia that are appropriate for the Thai social context.
This research found that the strongest argument for passing legislation for active euthanasia is that it could potentially provide an opportunity for those suffering from an incurable and painful condition to end their lives in dignity and peace. In addition, it could also help to reduce the economic burden of providing end-of-life care for those with terminal illnesses. Furthermore, it could also provide those who are terminally ill with the ability to choose when and how they die.
On the other hand, there are a number of potential risks associated with passing legislation for active euthanasia. For example, there is the risk of coercion, as those who are terminally ill may feel pressured to end their lives prematurely. There is also the risk of misuse, as assisted suicide and active euthanasia could be used to end the lives of those who are not terminally ill but merely depressed or in pain. Finally, there is the risk of abuse, as some individuals may take advantage of assisted suicide and active euthanasia in order to gain access to the assets of those who are terminally ill.
In conclusion, active euthanasia could provide an invaluable opportunity for those suffering from an incurable and painful condition to end their lives in dignity and peace. Therefore, it is clear that legislation for active euthanasia should be passed in order to ensure that individuals have the right to choose when and how they die.
Article Details
References
Baburin S. “Preventing the euthanasia of humanity: morality and integration constitutionalism as the basis for the transformation of modern law.” Gosudarstvo i pravo 6, (2021): 73-86.
Barsness J, Regnier C, Hook C & Mueller. “US medical and surgical society position statements on physician-assisted suicide and euthanasia: a review.” BMC medical ethics 21, (2020): 1-7.
Bhatia N, White B & Deliens L. “How should Australia respond to media-publicised developments on euthanasia in Belgium?.” Journal of Law and Medicine 23, No.835 (2016): 11-15.
Brock D. W.. “Voluntary active euthanasia.” The Hastings Center Report 22, No.2 (1992): 10-22.
Chaiyasit S, & Lertvachiraporn S. “Voluntary Euthanasia: A study of the attitudes of medical students at Mahidol University.” Journal of the Medical Association of Thailand 96, No.8 (2013): 907–914.
Chamba & Chamba. “Elderly suicide and euthanasia: Attitudes and determinants in the French general population.” International Journal of Environmental Research and Public Health 12, No.8 (2015): 8674-8690.
Chotipanich C, & Suwannarat, P. “Legal aspects of the right to die in Thailand.” International Journal of Law, Policy and the Family 32, No.3 (December 2018): 284-302.
Curtis, J. R, & Vincent, J. L. “Ethics and end-of-life care for adults in the intensive care unit.” The lancet 376, NO.9749 (2010): 1347-1353.
Emanuel E, Onwuteaka-Philipsen B, Urwin J & Cohen. “Attitudes and practices of euthanasia and physician-assisted suicide in the United States, Canada, and Europe.” Jama 316, No.1 (2016): 79-90.
Engelhart K, “The Inevitable: Dispatches on the Right to Die.” St. Martin's Press 12, No.12 (2021): 12-23.
Grove G, Hughes I, Lovell M & Best M. “Content analysis of euthanasia polls in Australia and New Zealand: words do matter.” Internal medicine journal 51, No.10 (2021): 1629-1635.
Fontalis A, Prousali E & Kulkarni. “Euthanasia and assisted dying: what is the current position and what are the key arguments informing the debate?.” Journal of the royal society of medicine 111, No.11 (2018): 407-413.
Hendin H & Hendin. “Physician-assisted suicide and euthanasia in the Netherlands and Oregon.” Oxford Textbook of Suicidology and Suicide Prevention 27, No.3 (2020): 117.
Kim Y. “Ways of debating assisted suicide and euthanasia: Implications for psychiatry.” Perspectives in biology and medicine 64, No.1 (2021): 29-43.
Kumar A, Mehra A & Avasthi A. “Euthanasia: A Debate—For and Against.” Journal of Postgraduate Medicine, Education and Research 55, No.2 (2021): 91-96.
Materstvedt, Linda J et al. “Legal Aspects of Euthanasia and Physician-Assisted Suicide.” Palliative Medicine 28, No.8 (2014): 890–896.
Porter K & Warburton. “Physicians' views on current legislation around euthanasia and assisted suicide: Results of surveys commissioned by the Royal College of Physicians.” Future Healthcare Journal 5, No.1 (2018): 30.
S.G. McManaman. “International Perspectives on Euthanasia and Physician-Assisted Suicide.” Journal of Clinical Ethics 7, (1999): 425.
Thongloy U. “The comparative analysis of legality of Euthanasia in Netherland and Thailand.” Nitiparitat Journal 1, No.1 (2021): 22-35.
Vulliermet F. “To live is to die: A virtue account of arguments for the right to die.” Ethics & Bioethics 10, No.1-2 (June 2020): 20-29.
Willmott L, White B, Stackpoole C, Purser K & McGee A. “voluntary euthanasia law reform in Australia: Two decades of trends, models and politics.” University of New South Wales Law Journal 39, No.1 (2016): 1-46.
World Medical Association. “Declaration of Lisbon on the “Rights of the Patient” World Medical Association.” 2022, https://www.wma.net/policies-post/wma-declaration-of-lisbon-on-the-rights-of-the-patient, accessed November 1, 2022.
Zaccaria F, Anthony & Sterkens C. “The impact of religion on attitudes towards abortion and euthanasia. An empirical study among Italian students.” Euthanasia, Abortion, Death Penalty and Religion-The Right to Life and its Limitations: International Empirical Research 10, No.10 (2019): 105-137.