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1.
J Med Philos ; 46(1): 80-107, 2021 01 25.
Artigo em Inglês | MEDLINE | ID: mdl-33491735

RESUMO

In 2002 with the passing of the Euthanasia Law, Belgium became one of the few countries worldwide to legalize euthanasia. In the 18 years since the passing of the law, much has changed. We argue that in Belgium a widening of the use of euthanasia is occurring and that this can be ethically and legally problematic. This is in part related to the fact that several legal requirements intended to operate as safeguards and procedural guarantees in reality often fail to operate as such. We focus on three kinds of safeguards or procedural guarantees: (1) the legally defined due care criteria for eligibility for euthanasia; (2) the consultation of a second (and sometimes third) physician; and (3) the reporting of euthanasia cases to the Federal Control and Evaluation Commission for Euthanasia. We will show how each of these three safeguards can exhibit shortcomings in theory and practice.


Assuntos
Eutanásia , Médicos , Bélgica , Humanos
2.
Nat Rev Nephrol ; 16(10): 603-613, 2020 10.
Artigo em Inglês | MEDLINE | ID: mdl-32587403

RESUMO

The American Society of Nephrology, the European Renal Association-European Dialysis and Transplant Association and the International Society of Nephrology Joint Working Group on Ethical Issues in Nephrology have identified ten broad areas of ethical concern as priority challenges that require collaborative action. Here, we describe these challenges - equity in access to kidney failure care, avoiding futile dialysis, reducing dialysis costs, shared decision-making in kidney failure care, living donor risk evaluation and decision-making, priority setting in kidney disease prevention and care, the ethical implications of genetic kidney diseases, responsible advocacy for kidney health and management of conflicts of interest - with the aim of highlighting the need for ethical analysis of specific issues, as well as for the development of tools and training to support clinicians who treat patients with kidney disease in practising ethically and contributing to ethical policy-making.


Assuntos
Nefrologia/ética , Conflito de Interesses , Controle de Custos/ética , Tomada de Decisão Compartilhada , Prioridades em Saúde/ética , Acessibilidade aos Serviços de Saúde/ética , Disparidades em Assistência à Saúde/ética , Humanos , Nefropatias/genética , Transplante de Rim/ética , Futilidade Médica/ética , Tráfico de Órgãos/ética , Defesa do Paciente/ética , Diálise Renal/economia , Diálise Renal/ética , Insuficiência Renal/terapia , Obtenção de Tecidos e Órgãos/ética
3.
Med Law Rev ; 27(2): 242-266, 2019 May 01.
Artigo em Inglês | MEDLINE | ID: mdl-29982735

RESUMO

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 minor's '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.


Assuntos
Eutanásia/legislação & jurisprudência , Eutanásia/psicologia , Consentimento Informado por Menores/legislação & jurisprudência , Consentimento Informado por Menores/psicologia , Competência Mental/legislação & jurisprudência , Direito a Morrer , Adolescente , Bélgica , Criança , Humanos , Jurisprudência
4.
Kidney Int Suppl (2011) ; 6(2): 35-41, 2016 Dec.
Artigo em Inglês | MEDLINE | ID: mdl-30675418

RESUMO

Provision of health care for refugees poses many political, economical, and ethical questions. Data on the prevalence and management of refugees with end-stage kidney disease (ESKD) are scant. Nevertheless, the impact of refugees in need for renal replacement can be as high for the patient as for the receiving centers. The International Society of Nephrology and the European Renal Association/European Dialysis and Transplant Association surveyed their membership through Survey Monkey questionnaires to obtain data on epidemiology and management practices of refugees with ESKD. Refugees represent 1.5% of the dialysis population, but their geographic distribution is very skewed: ±60% of centers treat 0, 15% treat 1, and a limited number of centers treat >20 refugees. Knowledge on financial and legal management of these patients is low. There is a lack of a structured approach by the government. Most respondents stated we have a moral duty to treat refugee patients with ESKD. Cultural rather than linguistic differences were perceived as a barrier for optimal care. Provision of dialysis for refugees with ESKD seems sustainable and logistically feasible, as they are only 1.5% of the regular dialysis population, but the skewed distribution potentially threatens optimal care. There is a need for education on financial and legal aspects of management of refugees with ESKD. Clear guidance from governing bodies should avoid unacceptable ethical dilemmas for the individual physician. Such strategies should balance access to care for all with equity and solidarity without jeopardizing the health care of the local population.

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