The right to privacy and the right to die.
نویسنده
چکیده
Some of the most significant Supreme Court decisions have, in recent years, been based upon a constitutionally protected right of privacy; that is, an individual's right to be free from unwarranted intrusions into his personal affairs. This constitutionally protected right of privacy was first used to protect an individual's rights to use contraceptives, under the theory that the state enforcement of anti-contraception statutes would be an unwarranted intrusion into the privacy of the marital bedroom. Sometime later, the same right of privacy was used to grant women a constitutionally protected right to obtain an abortion and prohibited the state or other entities from unreasonable interference with that right. Most recently, this right of privacy has been utilized as a basis to terminate medical treatment of an irrevocably ill patient. It is ironic that this right of privacy, used for such significant decisions, is not a specific right granted by the United States Constitution, but is rather a judicially-formulated right which is said to flow from the penumbra of rights guaranteed in the U.S. Constitution. The Karen Quinlan Case The most recent application of the right of privacy was made in a unanimous decision of the New Jersey Supreme Court which removed legal impediments from having Karen Anne Quinlan removed from a respirator. The 22-year-old Miss Quinlan has been kept alive by use of life supporting equipment for almost a year after she lost consciousness, apparently as a result of an adverse reaction of a combination of alcohol and tranquilizers. The prevailing medical opinion has been that there is no reasonable probability of Karen ever emerging from her present comatose condition or that other significant recovery will occur. However, Miss Quinlan's physician and hospital refused to permit the life supporting equipment to be disconnected for fear of possible civil and legal sanctions. The parents of Miss Quinlan were convinced that she would never recover, and that if she could have chosen, she would never have chosen to linger and languish in the twilight between life and death, supported only by modern medical machinery; but rather, she would have desired a death with dignity. They
منابع مشابه
The Right to Prisoners’ Privacy: Dimensions, Effects and Indicators.
The right to privacy is subject was defined by Shariah and law and it refer to exploration prohibition and kind of human life aspects which are called positivism area. Article constitution is known as one of the most important rights for people in community closely linked to the right to privacy. The authors, considering that the prisoners are also human and his conviction should not deprive h...
متن کاملLegal Protection of the Right to Voice
Right on voice is one of the rights which protect of person’s voice and sound and prohibit of imitation (sound effects) and sound forgery. Today on the light of increasing developments of communications this right includes some forms and instances which protected by legal systems in different ways. In some of the legal systems, this right has recognized on the basis of personality rights and ri...
متن کاملبررسی دیدگاه بیماران و پرستاران نسبت به حفظ حریم خصوصی بیماران بستری طی مراقبت های پرستاری
Background and purpose: The need for privacy is a basic human right. Nurses are expected to respect the patients’ privacy. This study investigated the viewpoints of patients and nurses regarding keeping the patients’ privacy during nursing care. Materials and Methods: In this cross sectional study 127 nurses and 384 patients meeting the criteria for study were selected through randomized sampl...
متن کاملحریم خصوصی بیماران و حمایت کیفری از آن در نظام حقوقی ایران
The right to privacy is one of the most important rights that have a strong link with the moral rules and human dignity. Its aim is the elevation of the human personality and honoring his material and spiritual integrity. The origin of this right is the human rights standards; it is necessarily existent for all persons in any situation and conditions and has been protected by law. Criminal prot...
متن کاملبررسی میزان رعایت منشور حقوق بیمار به وسیله پزشکان و پرستاران از دیدگاه همکاران شاغل آنان در بیمارستان های آموزشی دانشگاه علوم پزشکی مازندران 91-1390
Background and purpose: Implementing medical ethics rules and patients’ bills of right are necessary in achieving high quality health care services. The present study was performed to assess the implementation of patients’ bills of right from the physicians and nurses’ viewpoints, working in Mazandaran University of Medical Sciences Educational Hospitals. Materials and methods: This descriptiv...
متن کاملتعارض و توازن منافع در حفظ حریم خصوصی و افشای اطلاعات ژنتیکی بیماران
The emergence of new genetic techniques in the area of preventation, diagnosis and treatment of diseases is expected to bring many challenges in regulating relationships and appropriate legislation to protect the patients’ right. The widespread use of genetic information in improving individual and public health, regarding to its special traits with potential for different interpretations...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید
ثبت ناماگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید
ورودعنوان ژورنال:
- The Journal of the American Association of Nurse Anesthetists
دوره 44 3 شماره
صفحات -
تاریخ انتشار 1976