Menschenwürdiges Sterben - Typologie des Rechts und normative Grundlagen - (Written in German)

Authors

  • Gunnar Duttge

Abstract

The significative content of the “indefeasibly” human dignity (Art. 1 I GG) is as well diffuse and controversial in the matter of treating people in the last stage of life: For some, the main focus has to be put on the patient’s right of self-determination which shall prevent medical paternalism and an inhuman duty to live, the others want to ensure an objective “rationality” of existential determinations in order to protect human social living conditions. Only a holistic examination and evaluation of the respective combination (types of euthanasia) enables a consistently appraisal of the emerged conflict of values; the selected debates and proposed single solutions (e.g. for the advance directive) predominating in the interpretation of right as well as legal policy however deny this need. Only a broad view reveals that the determination immanent to German law are basically coherent; however does a closer view as well point out how easy an unconsidered, dogmatic use of the types of euthanasia may miss the intrinsic sense of the claim for a human dying.

Author Biography

Gunnar Duttge

Zentrum für Medizinrecht, Georg-August-Universität Göttingen

Published

2009-03-31

Issue

Section

Independent Articles