The regulations on euthanasia in the law of Nederlands and the problems of application in Turkish law

The euthanasia term is one of the contradictive terms since lasting archaic age, Aristoteles and Plato. The opinion of Hippocrates regarding the rejection of the active euthanasia has even been a basis to the theses of the opinions that are against euthanasia. This term has survived until today by differing in time. The euthanasia which expresses the basis of the Right to euthanasia upon request and painless death's philosophy is neither the opposite of the right to life nor the exception of the principle of the right to life's principle. The euthanasia is a result born of a demand of a necessity that includes underlying the idea of "for human being", based on different philosophic, judicial and ethics conditions. The natural or fictitious consent of the person is the key provision that separates the euthanasia from intentional killing. The principle of no lack of person's will is hereby the condition of validity. In fact, there is the right to predestine of the person (autonomy) by himself. In our work, euthanasia has been observed with in the frame of legal basis and opinions, pursuant to the discussions, in historical process. The types of euthanasia have also been observed from different aspects together with the term of euthanasia. It has been observed how euthanasia was regulated in comparative law and in which countries, in which conditions it was accepted or rejected. The approach of the European Convention on Human Rights and the European Court of Human Rights was examined along with the adjudications. In terms of our subject, euthanasia with regard Dutch Law and the assisted suicide were scrutinized and tried to be explained by facts. In the light of provisions in Turkish Penal Code and Turkish Constitution Law, the relationship between the transplantation in terms of medical and the euthanasia was observed. Euthanasia executions with regard the patients with dementia, the convicted and the children were discussed with recent examples. Keywords: Right to euthanasia upon request, right to live, consent, active euthanasia, and autonomy.