Patient’s religiously based will in the context of non-initiation of futile medical treatment – problems of the legal framework and its development in Latvia

Description

The patient’s right to a dignified death is a human rights issue that has not previously been addressed in the framework of laws and regulations in the Republic of Latvia (further in the article – Latvia). To ensure the right of a person to make a conscious choice to refuse futile medical treatment and to die with dignity, receiving pain and suffering alleviating therapy, psychological and spiritual support appropriate to the state of health, as well as to ensure humane treatment of the patient at the end of life, the legislative process of the Latvia intends to provide a mechanism for the realisation of the right of patients at the end of life. In particular, the Law on the Rights of Patients of the Republic of Latvia (further in the article – Law on the Rights of Patients) is to be amended to allow the patient to express his/her will not to initiate or to discontinue futile medical treatment in a future situation and to provide a mechanism for the exercise and protection of the patients” right to autonomy at the end of life, when the patient is no longer able to express his/her will. In the context of these amendments to the Law on the Rights of Patients, it should be noted that patients’ attitudes towards not initiating or discontinuing futile medical treatment may be controversial in different religious teachings an may affect the exercise of the right to freedom of religion.
The aim of research is to examine the nature of futile treatment and the planned amendments to the Law on the Rights of Patients in the context of the expression of will in treatment by an adult patient who is capable of decision, which may be based on the patient’s religious beliefs, by analysing scientific literature and case law. The Authors in the research identifies the legal problems in the existing legal framework and in the legal framework that envisages amendments in the Law on the Rights of Patients.

Period	18 Sept 2024 → 20 Sept 2024
Event title	9th conference of the European Association of Health Law
Event type	Conference
Conference number	9
Organiser	University of Warsaw
Location	Warsaw, PolandShow on map
Degree of Recognition	International