캐나다의 의료진조력사망에 관한 헌법적 고찰 및 입법례

Constitutional Review and Legislation on Medical Assistance In Dying in Canada. Currently, Canada recognizes the right to medical assistance in dying as a fundamental right under the constitution, and it is considered one of the countries with the most radical legislation regarding medical assisted death, from March 17, 2024, allowing mental illness to apply for medical assistance in dying if all other conditions are met. But Canada also did not admit medical assistance in dying from the outset. After the Supreme Court of Canada determined in 1993 that the regulation that comprehensively prohibited the act of abetting a person in dying by suicide or aiding a person to die by suicide was constitutional, the act of assisting in the death of a dying person was punished as a suicide aid or suicide teacher under the criminal law. However, about 22 years later, in the 2015 Carter ruling, if the above criminal law provisions prohibit the way to help end life with dignity, it is considered a violation of the Canadian Bill of Rights and recognized the right to die with the help of medical assistance as a fundamental right under the Constitution. Since Carter's ruling, the Canadian legislature has legislated concretely eligibility and procedures to seek medical assistance in dying, and revised the criminal law. And the Canadian legislature is gradually easing eligibility and procedures to apply for medical assistance in dying. We will examine the process of discussions in Canada on medical assistance in dying, and we hope that Korea will help to enact laws that guarantee the right and procedure for suffering patients who want to end their lives to die beautifully and comfortably by setting their own time and method of death.