A dignified death: Assessing the constitutionality and legality of the right to refuse medical treatment in Philippine context

• Main Authors: Cristobal, Darlene Ciara G., Gutierrez, Alexandra Paulyne P.
• Format: text
• Language: English
• Published: Animo Repository 2013
• Subjects: Patients—Legal status, laws, etc. > Philippines; Patient refusal of treatment > Philippines; Civil Law; Law; Medical Jurisprudence
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/5441
• Institution: De La Salle University

In the Code of Ethics of the Philippine Medical Association, the patient has the right to refuse medical treatment. Such right is freely given to him by a physician through the process of informed consent. Unfortunately, this is only true in the medical world. Various bills and proposals have been made by different lawmakers regarding the integration of the Magna Carta of Patient's Rights, which includes the right to refuse medical treatment, in Philippines laws. However, none of which were passed and integrated because of certain commentaries made by various entities regarding its status in Philippine context. In the eyes of the law, this right has been subject to various prohibitions from different government offices (specifically the Commission on Human Rights) wherein it has been deemed unconstitutional, as it violates Art. II Section 11 of the Constitution, and unethical and immoral, for it constitutes euthanasia. In various countries, using American jurisprudence, the right to refuse treatment is a right duly given to their patient's through socially and legally accepted precepts, which are the right to self-determination and to privacy. Moreover, it is also classified as a right that is protected by their Constitution. Thus, leading to the query whether or not this right should be afforded and given to patients as their inherent and constitutional right in the Philippine context.