[Euthanasia: legal comparison in selected European countries]

Area of Science:

• Legal Studies
• Medical Ethics
• Comparative Law

Background:

• Euthanasia and end-of-life decisions, including assisted suicide and life-sustaining treatment withdrawal, are complex ethical and legal issues.
• Existing legal frameworks vary significantly across jurisdictions, necessitating comparative analysis to inform ethical discourse.
• The historical context, including Nazi Germany's actions, is crucial for understanding and refuting certain ethical arguments like reductio ad Hitlerum.

Purpose of the Study:

• To define key terminology related to euthanasia and end-of-life decisions.
• To compare legal approaches to euthanasia and assisted suicide in Germany, the Netherlands, Belgium, Switzerland, and the Czech Republic.
• To analyze ethical arguments, such as the slippery slope and respect for autonomy, and their application in legal contexts, including the European Court of Human Rights' Pretty case.

Main Methods:

• Empirical historical research methodology.
• Comparative legal analysis of selected European jurisdictions.
• Examination of case law, including the European Court of Human Rights' Pretty case judgment.
• Analysis of legislative proposals, such as the Czech 'Death with Dignity' bill.

Main Results:

• The reductio ad Hitlerum argument is demonstrably flawed when analyzing German law, including its Nazi era.
• Arguments of slippery slope and respect for autonomy, while prevalent in euthanasia debates, are insufficient when examined against legal precedents like the Pretty case.
• Current Czech legal regulations on euthanasia and end-of-life decisions are inadequate, and the proposed 'Death with Dignity' act is not the optimal solution.

Conclusions:

• A clear and consistent terminology is essential for ethical and legal discussions on euthanasia.
• Comparative legal analysis reveals the limitations of common ethical arguments and highlights the need for nuanced legal frameworks.
• The Czech Republic should consider amending its Penal Code to introduce the offense of 'Homicide by the Victim's Request' rather than pursuing the 'Death with Dignity' act.