Academic journal article Asian Social Science

To the Legal Support of the Solution of Bioethical Problems in the Republic of Azerbaijan

Academic journal article Asian Social Science

To the Legal Support of the Solution of Bioethical Problems in the Republic of Azerbaijan

Article excerpt


This article focuses on the ethical problems connected with human rights which practically affect all sides of vital activity of society. Along with social, biological and medical aspects, a legal one is of no less importance and that is why its legal prerequisite became a main factor in the development of modern bioethics. The model of legal support of bioethical problems consists of the formation of institutional environment, legislative framework, well-thought-out education policy and creation of necessary social and ethical structures. All these aspects have been analyzed.

Keywords: human rights, bioethics, euthanasia, human beings, human dignity

1. Introduction

The social security of a human being in all the areas of its activities and the degree of the realization of rights to the safety of life, health and dignity are modern criteria of the prosperity of any state. Ensuring of these rights becomes more and more topical in the progressive development of sciences, technologies and techniques. One of the most important moral factors of policy pursued by the states is the provision of maximum attainable level of quality of life. Today the scopes of bioethics as science are not limited with moral issues exclusively in the field of medicine and healthcare. Ethical observations relating to human rights have an effect upon all social problems and that is why its legal message becomes a main factor in the development of modern bioethics. About half a century, the scientists, researchers and community believe bioethics to be a young science. However, it has long ago overstepped the thresholds of the purposes declared upon its establishment. The word bioethics assumed a wider meaning and is a symbiosis of innumerable factors from life (bios) with values and obligations (ethos) accepted in society.

2. The Evolution of Bioethics as Science

The field of the study in bioethics is as wider as life. The present thesis considers not only the issues of deontology, i.e. relations of medical workers with patients. In all the spheres of human life activity there are cases that require the adoption of adequate solutions in terms of universal human values and morals. This a priori fact attaches the status of "suspension" science to bioethics with respect to all human sciences. All the living human beings, all future generations, all living organisms and environment make a range of activities of various bioethical researches. "Bioethics is a noun in plural. And the plurality of moral positions is real. It is real in fact and in principle" wrote Tristan Engelhardt Jr., a well-known American philosopher in the foreword to its fundamental work "Foundation on Bioethics" (Tishenko, 2009). The Russian scientist B.Yudin who studies the problems of bioethics from the beginning of its formation as science states that "bioethics should be understood not only as a field of knowledge, but as a forming social institute of modern society" (Yudin, 1994). Until recently the prevalence of interests of the government and science over rights, freedoms and interests of a single individual dominated in the society. Today the situation is changing. The example of the recognition of the priority of personal rights and freedoms in the field of healthcare is Convention on Protection of Human Rights and Dignity of the Human Being With Regard to the Application of Biology and Medicine (Council of Europe, 1997). The Article 2 - Human Priority of the Convention says: "Interests and benefit of a single individual prevails over the interests of the society or science. (Mustafayeva, 2009)

The evidences of the recognition of the priority of interests of an individual in civil countries are all adopted and developing international documents. The following postulates are inalterable at any stage of development of bioethics as a science:

1) Humanistic values and scientific and technological progress should be integrated.

2) Humanistic aims have a priority with respect to exploratory ones. …

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