'Capacity for discernment' and euthanasia on minors in Belgium

Abstract: In 2014, the Belgian Euthanasia Law was amended so as to extend the possibility of obtaining euthanasia to minors who have the capacity for discernment. The amendment led to considerable debate among Belgian legal experts, health care professionals and ethicists, in large part due to concerns about the scope and assessment of the minors capacity for discernment, a concept first introduced in Belgian medical law by the amendment. This article offers a critical legal analysis of the concept of capacity for discernment and its implications for euthanasia practice in Belgium. We do so by... Mehr ...

Verfasser: Van Assche, Kristof
Raus, Kasper
Vanderhaegen, Bert
Sterckx, Sigrid
Dokumenttyp: acceptedVersion
Erscheinungsdatum: 2019
Schlagwörter: Law / Human medicine
Sprache: Englisch
Permalink: https://search.fid-benelux.de/Record/base-28956383
Datenquelle: BASE; Originalkatalog
Powered By: BASE
Link(s) : https://hdl.handle.net/10067/1523170151162165141

Abstract: In 2014, the Belgian Euthanasia Law was amended so as to extend the possibility of obtaining euthanasia to minors who have the capacity for discernment. The amendment led to considerable debate among Belgian legal experts, health care professionals and ethicists, in large part due to concerns about the scope and assessment of the minors capacity for discernment, a concept first introduced in Belgian medical law by the amendment. This article offers a critical legal analysis of the concept of capacity for discernment and its implications for euthanasia practice in Belgium. We do so by focusing on a ruling of the Belgian Constitutional Court of 29 October 2015, where the concept figured prominently in the examination of the constitutionality of the amendment. This approach also allows us to shed light on the interpretation of several core aspects of the original 2002 Euthanasia Law and its 2014 amendment.