The different modes of exercising the right to die with dignity and its applicability in the Philippine legal system
Date of Publication
2017
Document Type
Master's Thesis
Degree Name
Juris Doctor
Subject Categories
Health Law and Policy
College
College of Law
Department/Unit
Law
Thesis Adviser
Victoria V. Loanzon
Defense Panel Chair
Milagros Isabel A. Cristobal
Defense Panel Member
Renato M. Pambid
Edilberto G. Sandoval
Abstract/Summary
This thesis is a policy paper that intends, mainly, to determine the most viable and applicable of the different modes of exercising the Right to Die with Dignity, as practiced in countries like the U.S.A. and Canada, in the Philippines given its current Legal System and Public Policy. This thesis is also persuasive study to show that there is indeed a right to die with dignity, as it is a complementary right and a derivative of the right to life, and to show how it is supposed to be a Constitutional Right. Over the course of the study, the authors have looked at different sources, including previous studies, to know what are the different modes of exercising the right to die. Then, the authors have conducted their own primary study in the form of the analyses of the Oregon Death with Dignity Act, the California End of Life Option Act, and the late Miriam Santiago’s Natural Death Act, and the interviews with a Medical Expert and Legal Experts to determine the most viable and applicable mode of exercising the Right to Die with Dignity. In the end, the authors’ have found out that there is indeed a right to die with dignity. This right, although it may not be enshrined expressly in the Constitution, is still present in the Supreme Law, as a complementary right to the right to life and is included in the right to privacy, the only problem is it is not recognized, and is continually refused to be recognized. Because of this, the Philippines, should fully recognize and accept this so that Filipinos will be given access to a Constitutionally-Given right. Because of this, the authors have finally come to the conclusion that the best mode of exercising the right to die with dignity that will be the most feasible in this country given the Current Philippine Legal Climate, is to employ a combination of palliative care and passive euthanasia, to hasten the death of the terminally-ill person, thus fulfilling the said right in the person availing such. By this, the hindrance of morality is surpassed as the patient/person availing of said right, will practically just undergo the “Natural Death Process” in a painless and careful manner.
Abstract Format
html
Language
English
Format
Electronic
Accession Number
CDTG006955; TG06955
Shelf Location
Archives, The Learning Common's, 12F Henry Sy Sr. Hall
Keywords
Right to die—Law and legislation--Philippines
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Recommended Citation
Lopez, A. C., & Caponong, M. T. (2017). The different modes of exercising the right to die with dignity and its applicability in the Philippine legal system. Retrieved from https://animorepository.dlsu.edu.ph/etd_masteral/7270
Embargo Period
11-7-2024
