Open AccessEuthanasia in the USA and Canada: theoretical and legal basis
Author(s) -
Y. I. Fetko
Publication year - 2022
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.67.10
Subject(s) - legalization , law , political science , human rights , state (computer science) , criminal code , criminal law , algorithm , computer science
The article investigates that due to the development of scientific and technological progress human rights are becoming increasingly relevant. Today, a new dimension of human rights is emerging - the fourth generation of human rights, providing for the human right to gender reassignment, organ transplantation, same-sex marriage, euthanasia, and so on. The problem of euthanasia attracts special attention of scientists. For the theory of law, the problem of euthanasia and its relationship with the law are of particular interest. In legal science, scholars have studied various aspects of the legalization of euthanasia, including countries such as Austria, Azerbaijan, Belgium, Greece, Georgia, Denmark, India, Iceland, Spain, Italy, the Netherlands, Germany, Poland, Portugal, Switzerland and Japan, but it seems is little studied is euthanasia in the legal systems of the United States and Canada. Today in the United States, the legal regulation of euthanasia is determined by the federal territorial structure of the state, where states can establish their own laws, this also applies to euthanasia. Euthanasia is allowed in 9 states, including Washington, Vermont, Hawaii, California, Colorado, Maine, Montana, New Jersey, Oregon and the District of Columbia. In Canada, a prerequisite for acceptance. The Law "On Amendments to the Criminal Code and Amendments to Other Laws (Regarding Medical Care at Death)" became the case of Carter v. Canada. The Law “On Amendments to the Criminal Code and Appropriate Amendments to Other Laws (Concerning Medical Care at Death)” at the federal level establishes the basis for the provision of medical care at death throughout the country. As for the provinces and territories of Canada, they have the power to legislate on death care, provided that they do not conflict with federal law. Most provinces and territories have adopted guidelines and policies for death care. Quebec is the only province that has passed a law, which regulates medical care at death.