Publication
Title
'Capacity for discernment' and euthanasia on minors in Belgium
Author
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.
Language
English
Source (journal)
Medical law review. - Oxford, 1993, currens
Medical law review. - Oxford, 1993, currens
Publication
Oxford : 2019
ISSN
0967-0742 [print]
1464-3790 [online]
Volume/pages
27 :2 (2019) , p. 242-266
ISI
000469793300003
Pubmed ID
29982735
Full text (Publisher's DOI)
Full text (open access)
Full text (publisher's version - intranet only)
UAntwerpen
Faculty/Department
Research group
Publication type
Subject
Law 
Affiliation
Publications with a UAntwerp address
External links
Web of Science
Record
Identification
Creation 30.07.2018
Last edited 19.10.2021
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