Autonomy Vs. Voluntary Euthanasia

Saturday, January 15, 2022 11:00:25 AM

Autonomy Vs. Voluntary Euthanasia



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[Intelligence-High School Debate] To Legalize Voluntary Euthanasia _ Part.1

References Opinions on caring for patients at the end of life. Medical aid in dying is not assisted suicide. Yuill K. Assisted Suicide: The liberal, humanist case against legalization. London, England: Palgrave Macmillan; Government of Canada , Appel JM. A duty to kill? A duty to die? Rethinking the euthanasia controversy of Bull Hist Med. Jack Kevorkian dies at 83; A doctor who helped end lives. New York Times. June 3, Quill TE, Brody H. Physician recommendations and patient autonomy: finding a balance between physician power and patient choice.

Ann Intern Med. Loeb Classical Library. Phillips DP. The influence of suggestion on suicide: substantive and theoretical implications of the Werther effect. Am Sociol Rev. Assisted Death and the Public Good. South Med J. September; 9 — Oregon Public Health Division , Jones DA, Paton D. October; 10 — Physician-assisted dying: The antithesis of medicine, says doc. Oregon Death with Dignity Act : Data Summary. Senate Bill Oregon State Legislature , Organ donation after euthanasia in children: belgian and Dutch perspectives. Arch Dis Child. Epub Aug October; 10 —6. Depression and end-of-life care for patients with cancer. Dialogues Clin Neurosci. The depressed frail phenotype: the clinical manifestation of increased biological aging.

Am J Geriatr Psychiatry. The importance of somatic symptoms in depression in primary care. High prevalence of mental disorders in primary care. J Affect Disord. Depression care in the United States: too little for too few. Arch Gen Psychiatry. Clinical diagnosis of depression in primary care: a meta-analysis. Mark Goring on Biden, Catholicism, and abortion-tainted vaccines Fr. Mark said that Joe Biden is not a Catholic in good standing with the Church. Virginia school board orders students to be vaccinated if they want to play sports The student vaccine push comes on the heels of the FCPS mandating the jabs for staff working in the district.

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Supermarkets are the latest addition to this list. Kennedy, Jr. Those who do not comply must show a medical or religious exemption. Although it is a crime in most Australian states to assist euthanasia, prosecution have been rare. In , the matter that the relatives and friends who provided moral support to an elder women to commit suicide was extensively investigated by police, but no charges were made. In Tasmania in , a nurse was convicted of assisting in the death of her mother and father who were both suffering from incurable illnesses. She was sentenced to two and half years in jail but the judge later suspended the conviction because he believed the community did not want the woman put behind bars. This sparked debate about decriminalization of euthanasia.

Passive euthanasia is considered legal if three or more family members consent to the decisions. All these acts must be referred to the authorities before allowing in order to satisfying essential requirements. According to the penal code of the Netherlands killing a person on his request is punishable with twelve years of imprisonment or fine and also a assisting a person to commit suicide is also punishable by imprisonment up to three years or fine. In spite of this provision, the courts of Netherlands have come to interpret the law as providing a defence to charges of voluntary euthanasia and assisted suicide. The defence allowed is that of necessity. The criteria laid down by the courts to determine whether the defence of necessity applies in a given case of euthanasia, have been summarized by Mrs.

Borst-Eilers as follows; 1. The request for euthanasia must come only from the patient and must be entirely free and voluntary. The patient must be experiencing intolerable not necessarily physical suffering, with no prospect of improvement. Euthanasia must be the last resort. Euthanasia must be performed by a physician. The physician must consult with an independent physician colleague who has experience in this field. Thus, though active euthanasia is technically unlawful in the Netherlands, it is considered justified not legally punishable if the physician follows the guidelines.

In , Netherlands legalised euthanasia. The law codified a 20 years old convention of not prosecuting doctors who have committed euthanasia in very specific cases, under very specific circumstances. It allows a doctor to end the life of a patient suffering unbearable pain from an incurable condition, if the patient so requests. CANADA In Canada, patients have the right to refuse life sustaining treatments but they do not have the right to demand for euthanasia or assisted suicide. A There is a distinction between passive euthanasia and active euthanasia. Euthanasia has been made totally illegal by the United States Supreme Court in the cases Washington v. Glucksberg and Vacco v. Only in Oregon, a state in America, physician assisted suicide has been legalized in under Death and Dignity Act.

In April , California State legislative committee approved a bill and has become 2nd state to legalise assisted suicide. ENGLAND Lords it is now settled that a person has a right to refuse life sustaining treatment as part of his rights of autonomy and self- determination. The House of Lords also permitted non voluntary euthanasia in case of patients in a persistent vegetative state.

Moreover in a recent case, a British High Court has granted a woman, paralyzed from neck, the right to die by having life support system switched off Dr. S Jaswal and S. C Baseen,civil and military law journal,p. It does not require the involvement of physician nor is that the patient terminally ill. It only requires that the motive must be unselfish. In Switzerland, euthanasia is illegal but physician assisted suicide has been made legal.

However decriminalizing euthanasia was tried in but it recommended where a non- physician helper would have to be prosecuted whereas the physician would not. Death is not a right, it is the end of all rights and a fate that none of us can escape. The ultimate right we have as human beings is the right to life, an inalienable right not even the person who possesses it can never take that away. It is similar to the fact that our right to liberty does not give us the freedom to sell ourselves into slavery.

Of course, what this objection really relates to is the supposed lack of dignity of forcing someone to endure suffering rather than allowing them to end their life. However better pain alleviation techniques are a more moral solution to this problem than killing those who are suffering. The question whether Article 21 includes right to die or not first came into consideration in the case State of Maharashtra v. Maruti Shripathi Dubal. The court clearly said in this case that right to die is not unnatural; it is just uncommon and abnormal. Also the court mentioned about many instances in which a person may want to end his life.

This was upheld by the Supreme Court in the case P. Rathinam v. Union of India. However in the case Gian Kaur v. The court clearly mentioned in this case that Article 21 only guarantees right to life and personal liberty and in no case can the right to die be included in it. In India, like almost in other countries, euthanasia has no legal aspect. In India there is no difference between active and passive euthanasia and no penal law yet introduced in I. C, which specifically deals with euthanasia. The every act of aiding and abetting the commission of suicide are punished under the section of the I.

Euthanasia or Mercy killing on the other hand means implies the intervention of other human agency to end the life. Mercy killing is thus not suicide and the provision of section does not cover an attempt at mercy killing. The two concepts are both factually and legally distinct. Euthanasia or Mercy killing is nothing best homicide whatever the circumstances in which it is affected. C but where there is valid consent of the deceased, exception 5of section is attracted and thus the act of the physician is considered as culpable homicide not amounting to murder under Part I of section In case of non-voluntary and involuntary euthanasia, the act of physician can be fall under section 88 and 92 of IPC as there is an intention to causing death of a patient for his benefit.

And other relatives who are aware of such intention either of the patient or of the physician can be charged under section of IPC. The Supreme Court explained the position of Indian law on euthanasia in M. Unless it is specifically accepted it cannot be offences. The followings are the arguments against euthanasia: 1. The human life is gift of God and taking life is wrong and immoral human beings cannot be given the right to play the part of God.

Thus euthanasia devalues human life. It is totally against the medical ethics, morals and public policy. Medical ethics call for nursing, care giving and healing and not ending the life of the patient. In the present time, medical science is advancing at a great pace. Thus even the most incurable diseases are becoming curable today. Thus instead of encouraging a patient to end his life, the medical practitioners should encourage the patients to lead their painful life with strength which should be moral as well as physical. The decision to ask for euthanasia is not made solely by the patient.

Even the relatives of the patient pay an important role in doing that. Hence, it is probable that the patient comes under pressure and takes such a drastic step of ending his life. Of course in such cases the pressure is not physical, it is rather moral and psychological which proves to be much stronger. The patient himself starts to feel that he is a burden on the relatives when they take such a decision for him and finally he also succumbs to it. It is feared that if euthanasia is legalised then other groups of more vulnerable people will become at risk of feeling into taking that option themselves.

Groups that represent disabled people are against the legalisation of euthanasia on the ground that such groups of vulnerable people would feel obliged to opt for euthanasia as they may see themselves as a burden to society. It has a slippery slope effect, for example firstly it can be legalised only for terminally ill people but later on laws can be changed and then it may allow for non- voluntary or involuntary.

Acceptance of euthanasia as an option could exercise a detrimental effect a societal attitudes and on the doctor patient relationship. The doctor patient relationship is based on mutual trust, it is feared this trust may be lost if euthanasia is legalised.

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