LEGAL PROBLEMS REGARDING EUTHANASIAAND RIGHT TO DIE

Abstract

The purpose of this research is to studyconcepts and theories about reserving euthanasia for patient, to compare Thai and foreign laws reserving euthanasia and to define appropriate criteria and scope of euthanasia for patients and refusal of medical treatment. Documentary research method by analyzing qualitative data was conducted in this research.

            According to the study of theoretical concepts of euthanasia, Thai society does not accept active euthanasia.Since active euthanasiais against morality and emic. According to
the comparative study between Thai and foreign lawit is found that active euthanasiais prohibited under Thai law. However, Article 12 of National Health Act 2007 provided that a person shall have the right to make a living will in writing to refuse the public health service which is provided merely to prolong his/her terminal stage of life or to make a living will to refuse the service as to cease the severe suffering from illness.On the other hand euthanasia is permitted by some foreign laws such as laws of as Netherlands, Belgium and Switzerland. Main issue concerning scope of refusal of medical treatment and performing euthanasia is the patient should have the right to decideand exercise such right.Euthanasia can be done in case to the patient’s request to the medical practitioner with the following conditions; the patient must be suffering from incurable disease the medical practitioner must agreethat the patient is incurable and the patient’s death is inevitable and the patient and family must give consent. In case such conditions are met, the medical practitioner can perform euthanasia for patient and will be exempted form criminal offence.