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“Clinical legal regulation of Euthanasia”
Chuluunsukh.S,Damdinjav.Kh,Tuvshinjargal. TS,Tserenbat.M 단국대학교 몽골연구소 2020 몽골지역연구 Vol.5 No.2
Euthanasia is one of the most sensitive issues which directly related to the human right to life and social psychology, and it is a topic that directly affects whether a person will live or die in the future. As a component of multifaceted social relations, euthanasia is a complex concept that includes ethics, medicine, legal science, and religious and customary norms. The issue and problems about euthanasia, which arises from the its development and trends in legal science in our country and foreign, has been discussed regularly, eventhough has not yet been resolved. The Mongolian Law on Health and other medical legal acts do not prohibit euthanasia, and regulated open to refuse continue treatment procedure, while from a criminal point of view, euthanasia is prohibited by criminal law. For example, if a doctor performs euthanasia with the consent of a client or his / her relatives, he / she will be considered a criminal and sentenced to 8~15 years in prison according to Article 10.1 of the 2015 Criminal Code of Mongolia. Moreover, the 2010 Supreme Court’s General Interpretation states that the killing of a victim with the victim’s consent should be categorized as such. Since no such study has been conducted before, we intend to conduct this study because there has not been done any comprehensive medical and legal survey to determine the knowledge and attitudes of physicians and caregivers of patients about the legal environment. furthermore the palliative care has been developed in Mongolia for 20 years which can relieve pains and other issues made patient and their family don not seek decline treatment. On the other hand, the development of a democratic society raises the issue of human rights at a time when human rights issues are on the rise.
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