Orthotanasia in the dimension of the fundamental right to health

Abstract

The article addresses the right to orthothanasia in the context of the fundamental right to health and human dignity, as provided for in the Federal Constitution. The central issue examined is whether orthothanasia can be considered a fundamental right to die with dignity for the terminally ill patient who chooses to refuse disproportionate medical treatments. The aim of the study is to analyze the practice of orthothanasia and integrative palliative care as possible rights inherent to human dignity and health, and to examine how the legal protection of dignity relates to the right to life in these cases. The methodology used is deductive, based on the analysis of national and international legislation, doctrine, and jurisprudence. The results indicate that orthothanasia can be legitimized as a practice of respecting the autonomy of terminally ill patients by avoiding the artificial prolongation of life with futile treatments. It is concluded that, by ensuring the right to orthothanasia, human dignity is respected, providing the patient with a dignified and humane death, in accordance with constitutional and ethical principles. The study demonstrates the intersection between constitutional and infraconstitutional norms, as well as alignment with international treaties, reinforcing that orthothanasia is an extension of the right to health and dignity.