The actuality and the historical background of covert Euthanasia in Albania

Boçari, Gëzim; Shaqiri, Elmaz; Vyshka, Gentian

doi:10.1136/jme.2010.037143

Cited by 5 publications

(4 citation statements)

References 6 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…In another study, end-of-life decisions in an Albanian outpatient setting were also not uniformly perceived. For example 27% of the relatives opted for a prolongation of the medical treatment, even if the suffering of the patient was unbearable [20]. False expectations and the lack of information upon the irreversibility of the medical condition are among the possible causes pushing relatives to prolong treatment, in a setting where the medical staff is practically without legal options even to suggest any alternatives.…”

Section: Discussionmentioning

confidence: 99%

Inapplicability of advance directives in a paternalistic setting: the case of a post-communist health system

Vyshka

Kruja

2011

BMC Med Ethics

View full text Add to dashboard Cite

BackgroundThe Albanian medical system and Albanian health legislation have adopted a paternalistic position with regard to individual decision making. This reflects the practices of a not-so-remote past when state-run facilities and a totalitarian philosophy of medical care were politically imposed. Because of this history, advance directives concerning treatment refusal and do-not-resuscitate decisions are still extremely uncommon in Albania. Medical teams cannot abstain from intervening even when the patient explicitly and repeatedly solicits therapeutic abstinence. The Albanian law on health care has no provisions regarding limits or withdrawal of treatment. This restricts the individual's healthcare choices.DiscussionThe question of 'medically futile' interventions and pointless life-prolonging treatment has been discussed by several authors. Dutch physicians call such interventions 'medisch zinloos' (senseless), and the Netherlands, as one of the first states to legislate on end-of-life situations, actually regulates such issues through appropriate laws. In contrast, leaving an 'advance directive' is not a viable option for Albanian ailing individuals of advanced age. Verbal requests are provided during periods of mental competence, but unfortunately such instructions are rarely taken seriously, and none of them has ever been upheld in a legal or other official forum.SummaryEnd-of-life decisions, treatment refusal and do-not-resuscitate policies are hazardous options in Albania, from the legal point of view. Complying with them involves significant risk on the part of the physician. Culturally, the application of such instructions is influenced from a mixture of religious beliefs, death coping-behaviors and an immense confusion concerning the role of proxies as decision-makers. Nevertheless, Albanian tradition is familiar with the notion of 'amanet', a sort of living will that mainly deals the property and inheritance issues. Such living wills, verbally transmitted, may in certain cases include advance directives regarding end-of-life decisions of the patient including refusal or termination of futile medical treatments. Since these living wills are never formally and legally validated, their application is impossible and treatment refusal remains still non practicable. Tricks to avoid institutional treatment under desperate conditions are used, aiming to provide legal coverage for medical teams and relatives that in extreme situations comply with the advice of withholding senseless treatment.

show abstract

Section: Discussionmentioning

confidence: 99%

Inapplicability of advance directives in a paternalistic setting: the case of a post-communist health system

Vyshka

Kruja

2011

BMC Med Ethics

View full text Add to dashboard Cite

show abstract

“…In a series of other cases, the ECHR repeats its position that the right of access to trial that is guaranteed by Article 6 § 1 of the Convention, would fail to be real if the domestic legal system of a Member Country would allow for a final court decision to remain inoperative by damaging one party (Bocari et al v Albania, 2007& Beshiri et al v Albania, 2006. Therefore, the right of access to court not only includes the right to start a process, but also the right to ensure dispute resolution by the court (Ramadhi et al v Albania, 2007).…”

Section: The Right To Access To Justicementioning

confidence: 99%

“…The ECHR's jurisprudence on cases of Albania has also affirmed that the Albanian legal system did not provide an effective appeal remedy that could be used to address appeals on the duration of procedures, and the appeals to the CC did not constitute an effective remedy in this regard (Bocari et al v Albania, 2007, Beshiri et al v Albania, 2006, Marini v Albania, 2007& Berhani v. Albania, 2010.…”

Section: Trial Within a Reasonable Timementioning

confidence: 99%

Issues of Implementation of the Fair Trial in the Albanian System: Analysis in the Framework of the Constitutional Court and ECHR's Jurisprudence on Albania's Cases

Bode

Peppo

2022

Acad. J. Interdiscip. Stud.

View full text Add to dashboard Cite

The process of a fair trial constitutes an important part of human right standards, for which Albania is making efforts to develop. Article 6 (1) of the European Convention on Human Rights (ECHR), being the main tool in the area of fundamental rights and freedoms, lists the components of a fair, independent, impartial, legal and public trial within a reasonable time applicable in both civil and criminal trials. The paper aims to present an overview of the evolution of this principle in the Albanian constitutional system in order to understand how this principle has evolved in a former dictatorship such as Albania and how much this principle conforms to the standards sanctioned under Article 6 (1) of the ECHR. As one of the most significant legal events in Albania, judicial reform’s impact on the justice system is also analysed regarding the application of the standards of a fair trial. Naturally, all components of a fair trial are of essential importance, but considering gaps in enforcement and issues of their practical misinterpretation, this paper is focused in components such as: access to justice, trial within a reasonable time and trial by an independent and impartial court. Through the jurisprudence of the Albanian Constitutional Court and European Court of Human Rights on cases against Albania, the present paper outlines and seeks to address the matters of enforcement of such components in the Albanian system, such as: How is the constitutional defence of a free trial provided and what has been the Constitutional Court’s role in this regard? How have ECHR’s guidelines on cases against Albania affected the correction of misinterpretations in the national system? How has the judicial reform affected the enforcement of such components, and what are the subsequent problems and challenges? In conclusion, we present some opinions regarding the need to increase the standard of the defence of these components referring to a fair trial, particularly in the area where the largest number of problems have been identified by the practice. Received: 21 August 2022 / Accepted: 10 October 2022 / Published: 5 November 2022

show abstract

“…So, one can expect a rise in the number of abortions or common practice of euthanasia, but the regime made sure that would not happen by making abortion and euthanasia illegal. Although euthanasia is still not legal in Albania, relatives or family members tend to euthanize terminal ill patients (Bocari G., 2010) through applying tranquilizers in an abusive dosage, or refusing to keep on consistently applying life prolonging treatment.…”

Section: Introductionmentioning

confidence: 99%

Attitudes of Biology Students Toward Ethical Issues Concerning the Beginning and The End of Human Life in Albania

Vava¹

2021

Proceedings of the 3rd International Conference on New Approaches in Education

View full text Add to dashboard Cite

This paper aims to explore the attitude towards ethical issues regarding the beginning and the end of human life among biology students. The study has two phases: during first phase 118 participants had to fill a questionnaire regarding their cultural value, religious beliefs and their attitude towards situations about abortion and euthanasia. Statistics show different level of knowledge about abortion and euthanasia among biology students. 1% of the students don't have any kind of information about abortion, 51% are somehow informed and 48% are well informed. The situation regarding euthanasia is different. 43,22% of the students don't even know what euthanasia means, 48,31% have some information about the practice of intentionally ending life to relieve pain and only 8,47% are well informed. The results show a significant lack of information about euthanasia. All the situations where students justify abortion are predicted by the law. So, even when students face situations regarding selective abortion, they are against it. Regarding euthanasia, the situation is different. They appear more openminded but at the same time they show a strong connection with the family and traditional value (even when the patient is adult and responsible, students don't justify euthanasia without family consent). Second phase of the study includes the students attending bioethical course during their studies for master degree in education. They present their attitude toward abortion and euthanasia through different cases they choose themselves. Even in this phase, students are against selective abortion. As for euthanasia, students weight quality versus quantity of life.

show abstract

The actuality and the historical background of covert Euthanasia in Albania

Cited by 5 publications

References 6 publications

Inapplicability of advance directives in a paternalistic setting: the case of a post-communist health system

Inapplicability of advance directives in a paternalistic setting: the case of a post-communist health system

Issues of Implementation of the Fair Trial in the Albanian System: Analysis in the Framework of the Constitutional Court and ECHR's Jurisprudence on Albania's Cases

Attitudes of Biology Students Toward Ethical Issues Concerning the Beginning and The End of Human Life in Albania

Contact Info

Product

Resources

About