Section 10 of National Health Act provides that:
“A person has the right to make a written advance directive expressing his refusal to health care service that aims only to prolong his death (sic) at the end of his life or to terminate the suffering from the disease.
The compliance of the advance directive referred to in the first paragraph shall be in line with rules and procedures set forth in the ministerial regulation.
Medical professionals have the duty to act according to advance directive referred to in the first paragraph; and the execution in compliance to the advance directive shall not be considered illegal and shall be exempt from any liability”.
It is clear that this is first time that Thai legislation pays official attention to the question of euthanasia. Broadly, the draft aims to maintain punishment for active and non-voluntary euthanasia. This draft, based on the concept of the patient’s consent to treatment, remains very general and vague in term of legal obligation, and the wordings used can lead to confusion. Here are a few remarks on this proposed draft.