Abstract

The following themes are tackled in the test: Art. 32(2) of the Constitution; a tragic case of the application of Art. 32(2) of the Constitution; the Welby case; the necessary reformulation of Art. 32(2) of the Constitution in light of the two cases; the case of the person of unsound mind and the case of the physically incapacitated person no longer self-sufficient; the right to information as a right implicit in the right to health and the right to refuse a health treatment; the right of the physically incapacitated person of sound mind to be aided in the exercise of his (or her) right to refuse health care; the person of unsound mind and health care; the legal system always addresses issues of an ethical nature (because it always addresses any issue either by regulating it or leaving it up to the free will of the concerned parties); the right to life; two alternative ethical conceptions concerning the right to life and their repercussions on the interpretation of Art. 32; the principle of the self-determination of individuals as a general principle going beyond the matter of health.