Page 146 - Human Rights
P. 146
Faculty of Nursing
Adult care Nursing Department
autonomy, specifically, the wishes that are conveyed by family members, or those expressed in an
advanced directive (Nunes 2017).
A living will be a paradigmatic example of a previously expressed wish that has been already
implemented in most modern countries (Burl et al. 2014).
More precisely, its core responds to testamentary clauses on life since its effects refer to the
period before death, contrary to what happens with conventional wills.
By embracing the right to individual self-determination, the living will have been progressively
considered in many countries as an instrument of manifestation of will.
The main concern is the patient’s right to withhold or withdraw extraordinary and futile
treatments, such as assisted ventilation.
The Convention for the Protection of Human Rights and Dignity of the Human Being with Regard
to the Application of Biology and Medicine states in Article 9 that “The previously expressed wishes
relating to a medical intervention by a patient who is not, at the time of the intervention, in a state
to express his or her wishes shall be taken into account” (Council of Europe 1996). However,
physicians are sometimes reluctant to respect a living will, especially in written form, because this
will may question the best interests of the patient.
However, there is no doubt that in many countries, this type of document is gaining acceptance in
society and a specific law does exist to regulate its implementation.
In summary, there is a substantial paradigm shift in the provision of health care, particularly with
the emergence of rights to individual self-determination and privacy.
In addition, these rights have a double meaning: a) on the one hand, protection of intimacy, and
b) on the other hand, the right of access to what is private and therefore, to the personal
135 Academic Year 2025/2026
