Patient Autonomy and Best Interests in End-of-Life Cases
Patient Autonomy and Best Interests in End-of-Life Cases

A German Perspective

Author(s): Peter Elsner
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, International Law, Human Rights and Humanitarian Law, Ethics / Practical Philosophy
Published by: Trivent Publishing
Keywords: medical ethics; Patient Autonomy; human rights; Patient autonomy; German Constitution;Best Interests of the Child; End-of-Life Cases;
Summary/Abstract: The right to life is entrenched in the German Constitution mandating the state to abstain from unlawful incursions into human rights and to actively protect the enjoyment of human rights. Patient autonomy is derived from these basic rights. Maintaining or terminating medical support measures in end-of-life situation requires the patient’s consent which in minors may have to be decided by the courts based on the presumed will of the patient. Family values will have to be taken into account in establishing the presumed will of a child.

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