DREPT ȘI ETICĂ. LEGEA BELGIANĂ PRIVITOARE LA EUTANSIERE ȘI MINORI ...O ETAPA PREA AVANGARDISTA PENTRU ACEST DECENIU?
LAW AND ETHICS. THE BELGIAN LAW ON EUTHANASIA AND MINORS … A BRIDGE TOO FAR FOR THE CURRENT DECADE?
Author(s): Ludo VenySubject(s): Law, Constitution, Jurisprudence
Published by: Facultatea de Drept Cluj Napoca, Universitatea Creştina "Dimitrie Cantemir" Bucureşti
Keywords: medicine law; penal law; euthanasia; life - ending decisions; status underage persons.
Summary/Abstract: The Belgian Parliamentary Act on Euthanasia of May 28, 2002, provides a clearexample in the context of a conference dedicated to the efficiency of legal norms and challenges of the current decade. The legislation entails a vibrant and sensitive subject in society. Currently only a minority of countries worldwide have legislation covering euthanasia. When the law was made, an explicit provision was decided that ensured its workings would be subject to a parliamentary evaluation. Vast and detailed hearings have taken place in the Belgian Senate to make this legislative evaluation concrete. The changes to the Belgian law on euthanasia have taken place after a long and vast process in Belgian parliament. It provides a clear example of legislative evaluation, its mechanisms and its impact on the parliamentary assembly and society as a whole. This process has given way to multiple proposals of law to alter, expand or limit the scope and mechanisms enshrined in it. This year, these have led to a parliamentary majority agreeing tosignificantly enlarge the population eligible to make use of its provisions. From now, minors also fall under the scope of the legislation. Given the international attention that has been given to the current widening of the scope of the Belgian law on euthanasia, the authors consider it to be a very relevant topic for an international setting. Finally, since the new law is being voted for as this research takes place, and has yet to be finalized between now and thedate of the conference, the topic can hardly be more relevant. This paper analyses the 2002 Act, the applied process of evaluation, how it has led to an agreement on the—even more sensitive—subject of opening up its scope to children, and the concrete changes and mechanisms in the renewed 2014 legislation.
Journal: Fiat Iustitia
- Issue Year: 1/2015
- Issue No: 1
- Page Range: 197-212
- Page Count: 5
- Language: English