LEGALIZATION OF THE RIGHT TO EUTHANASIA THROUGH THE PRISM OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS

Abstract

The article analyzes the concept of the
emergence of the modern right to death, which has
caused dissonance in relation to the fundamental right
to life, as confirmed by the European Convention on
Human Rights. The study is based on theoretical
aspects of the nature, content and types of euthanasia
(right to die). The authors propose to consider
euthanasia in the medical, biological, ethical, moral
and legal sense. The article emphasizes the
importance of improving the mechanism of palliative
care as a more human-centered tool for alleviating
human suffering. The author states that the right to
life, dignity, and autonomy are the rights without
which there should be no discussion of the right to
euthanasia (the right to die). The author uses specific
ECHR cases to establish the Court's position on the
right to euthanasia. Based on a comparative analysis,
the authors suggest that countries have recognized the
admissibility of euthanasia in domestic law due to the
public need to be guided by their own law so that this
issue can be easily resolved without the need to refer
to the ECHR case law, but this need varies, taking into
account certain features, including belonging to legal
families. The authors emphasize the need for
opportunities to legalize the right to euthanasia in
Ukraine in view of the mandatory compliance with the
ECHR, the prospects of joining the EU, and taking into
account the legal consequences of this phenomenon and the current military realities.

Keywords: right to life, right to die, euthanasia, palliative care, legal family, European integration.