Dreptul la viaţă şi fenomenul morţii cerebrale

Abstract

The right to life appears undeniably as the most essential right in the system of fundamental rights and freedoms, protected by international and national law. Starting from the fact that this right has found reflection also in the Constitution of the Republic of Moldova, we aim to address an issue less treated in the legal literature-the rights of a brain death persons; the issue of brain death, euthanasia, transplants of organs tapped after such deaths is insufficiently discussed in the Republic of Moldova. In this context, the present study brings clarity upon the matter of the rights of a brain dead person. The author envisions that the new biomedical technologies have reached a new level of influence up on the human body, while also raising awareness on the legal framework for these technologies. It is regretful to acknowledge that the legal framework of the Republic of Moldova regarding measures of protection of physical integrity as well as psychical of a brain dead person is poorly covered. The author emphasizes upon the standardization of the national legal framework regarding brain death with that of the European acquis.