Aging societies and advances in medicine make it likely that biomedical issues will pose legal challenges. While biolaw can provide some regulation, important life and death decisions have to be taken by patients and physicians. Often, though, patients are no longer capable of making such decisions. In 2009, Germany formalized the private law rules on advance directives. While advance directives, also referred to as living wills, are still widely associated with wishes for euthanasia, they function today goes far beyond that. In terms of criminal law, Germany still outlaws active euthanasia.
In so far it differs from the Netherlands, Belgium, Luxembourg and Switzerland. Given that there has been a noticeable shift of emphasis from human dignity and the right to life to personal autonomy as a function of human dignity and in light of the legalization of euthanasia in several neighboring countries and resulting euthanasia tourism from Germany to Switzerland, there is a risk that the legal situation or at least the general attitude and the perception of the law will also change in Germany.
This can lead to a risk of unwanted active or passive euthanasia, a problem which is highlighted by a case which is currently pending before the European Court of Human Rights against France. Taking into account human rights and human dignity as well as the continued underlying role of cultural-religious values it will be shown that there is now an emerging role for advance directives as tool to enable patients to protect their lives if the law fails to do so.
Inhaltsverzeichnis (Table of Contents)
- A. Introduction
- B. The Need for Advance Directives as Protective Legal Tools
- C. Advance Directives under German Law
- D. Concluding remarks
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This text aims to examine the legal framework of advance directives in Germany and analyze their significance in safeguarding the right to life, especially in light of shifting legal landscapes in neighboring countries regarding euthanasia. It explores the role of advance directives as protective legal tools, particularly in situations where individuals are unable to make medical decisions themselves.
- Advance directives in Germany
- The evolving legal landscape of euthanasia in Europe
- The right to life in relation to personal autonomy and human dignity
- The role of cultural-religious values in medical decision-making
- Advance directives as a tool for protecting the will of patients
Zusammenfassung der Kapitel (Chapter Summaries)
- A. Introduction: This chapter provides a general overview of advance directives, highlighting their importance in safeguarding patient autonomy and preventing unwanted medical interventions, especially in situations where the patient is incapable of making decisions. It also touches upon the legal context of suicide and euthanasia in Germany, contrasting it with the legal frameworks of other European countries.
- B. The Need for Advance Directives as Protective Legal Tools: This chapter delves into the various forms of advance directives and their significance in protecting patient autonomy, particularly in light of the legalization of euthanasia in several European countries. It argues that advance directives are crucial for preventing unwanted euthanasia and safeguarding the right to life, especially in situations where the patient's wishes are not explicitly documented.
- C. Advance Directives under German Law: This chapter focuses on the legal framework of advance directives in Germany, examining the current regulations and their evolution over time. It explores the legal implications of advance directives within the context of German criminal law, including issues related to suicide, active and passive euthanasia, and the role of physician involvement.
Schlüsselwörter (Keywords)
This text focuses on advance directives, living wills, German law, human rights, euthanasia, and the legal frameworks of European countries such as the Netherlands, Belgium, France, and Switzerland. It explores the evolving legal landscape of euthanasia and the need for advance directives as protective legal tools in safeguarding the right to life.
- Quote paper
- Stefan Kirchner (Author), 2015, Advance Directives under Germany’s Civil Code in a Comparative Context, Munich, GRIN Verlag, https://www.hausarbeiten.de/document/311799
