O caso de Charlie Gard: questões bioéticas e jurídicas
This essay aims at the ethical-legal analysis of the judicial process involving a child, Charlie Gard, affected by the Mitochondrial Depletion Syndrome (MDS), that consists of an insufficient production of cellular energy that weaken the organism’s functioning, in this case, by encephalomyopathy. Af...
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| Formatua: | Artikulua |
| Hizkuntza: | Portugalera |
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2021
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| Sarrera elektronikoa: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8697626 |
| Baliabidea: | Revista de Direitos e Garantias Fundamentais, ISSN 2175-6058, Vol. 22, Nº. 2, 2021 (Ejemplar dedicado a: Revista de Direitos e Garantias Fundamentais, v. 22, n. 2, maio/agosto, 2021), pags. 161-190 |
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This essay aims at the ethical-legal analysis of the judicial process involving a child, Charlie Gard, affected by the Mitochondrial Depletion Syndrome (MDS), that consists of an insufficient production of cellular energy that weaken the organism’s functioning, in this case, by encephalomyopathy. After the interruption of the plan for an experimental procedure made by the NHS (National Health Service), the Charlie’s case was taken to court by the hospital, whose request, of turning off ventilation devices and proceeding only with palliative care, as the refusal to transfer the patient, was granted. A long judicial process began, until reaching the European Court of Human Rights. A casuistic and hermeneutic investigation is carried out in this essay, following the guidelines of Junges (2006), in his book “Bioethics: hermeneutics and casuistry”. The research is characterized by its interdisciplinarity, from a qualitative perspective, whose information is obtained through access to public decisions of the process, extracted from the websites of the respective courts, as well as through bibliographic research and collection of necessary documentary data. From this, it is possible to support the case on the pillars of vulnerability and dignity, expressed simply in the Charlie’s case, given his condition as a child, patient and person with a disability. All the argumentative construction takes place to uncover their interests, considering that this was the criterion used to support the decisions of the case. An itinerary was created to discover their real clinical, emotional, sensory, instinctual and other needs that lead to their integral development. |
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