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Euthanasia, as a social phenomenon generates in Poland as in any other country disapproval from some and acceptance from others. Euthanasia is a controversial matter, becoming a bigger issue with high profile cases like Diane Pretty's a woman suffering from Motor Neurone Syndrome who lost her battle to have euthanasia legalized and died of natural causes in 2002. One of the questions that arise within this debate is whether euthanasia is a violation of the right to liberty.
Although not expressly allowed by statute, the Netherlands allows voluntary euthanasia (VE) - a doctor performing euthanasia will not be prosecuted if the request is voluntary and the patient is undergoing pain. European Court of Human Rights (ECHR) finds this lawful. Hence, it is argued that any country signatory to the ECHR must ensure that their laws uphold this right. In Poland, performing euthanasia is a criminal offence punishable by up to six years imprisonment under Art 148 of the Penal Code. Poland could adopt the ECHR’s approach by increasing the power of the Prosecutor’s Office, thus allowing it to waive its obligation to prosecute for assisted suicide in cases of VE, and this would not contravene the ECHR. The central case in favour of legalising VE is that the freedoms prescribed in the ECHR are equally applicable to all individuals. People have the right to control their own lives and this includes a choice as to how and where to die. Thus, if a person believes in a right to VE, this right should be available to them. It is contended that disallowing VE contravenes Article 3 ECHR in subjecting the patient to inhuman and degrading treatment, as keeping them alive is identical to inflicting harm upon them. The theory treats the violation of Article 3 as a logical progression from the restrictions imposed on Article 9 by the current legal issues. However, Article 9 is a qualified

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