Reflections on the Intriguing Issue of the Right to Die in Dignity

This study compares how four countries, the United States, Canada, Britain and Israel, conceive active and passive euthanasia and the right to die in dignity. I start the discussion by clarifying the scope of the analysis and by shedding light on the concepts of autonomy and dignity. Section II proceeds by drawing attention to the familiar distinction between active and passive euthanasia, reviewing the current legal positions in the United States, Canada and England. Section III addresses Ronald Dworkin's distinction between experiential and critical interests, and further contemplates the analogy he draws between the destruction of life and the destruction of masterpieces of art. The section continues by contrasting Dworkin's assertion that what we seek is life in earnest, not any form of life, with Leibowitz's view that human life is sacred. In this context I also refer to the recent Scheffer decision, the only ruling at this time by the Israeli Supreme Court on the issue of death with dignity. Section IV considers the Eyal case, involving an amyotrophic lateral sclerosis patient who expressed his wish not to be connected to a respirator. I assert that in such instances, the patients' autonomy would be sustained and their dignity better served by helping them die. It is not always true that keeping a person alive is to treat her best. In some situations we respect a person and her dignity when we help her cease living. My justification for helping such patients fulfill their request rests on the assumption that they freely and genuinely expressed their will to die, and that they persist in expressing that desire.