Voluntary assisted dying in gynaecological cancers: A discussion of the history, ethical principles and international perspectives

Author(s):  
Anthony M. Richards ◽  
Melissa J. McGauran
2021 ◽  

Much has been written about whether end-of-life law should change and what that law should be. However, the barriers and facilitators of such changes – law reform perspectives – have been virtually ignored. Why do so many attempts to change the law fail but others are successful? International Perspectives on End-of-Life Law Reform aims to address this question by drawing on ten case studies of end-of-life law reform from the United Kingdom, the United States, Canada, the Netherlands, Belgium and Australia. Written by leading end-of-life scholars, the book's chapters blend perspectives from law, medicine, bioethics and sociology to examine sustained reform efforts to permit assisted dying and change the law about withholding and withdrawing life-sustaining treatment. Findings from this book shed light not only on changing end-of-life law, but provide insight more generally into how and why law reform succeeds in complex and controversial social policy areas.


2017 ◽  
Author(s):  
Juliet Guichon ◽  
Farah Mohamed ◽  
Kim Clarke ◽  
Ian Mitchell

In Carter v. Canada (Attorney General), the Supreme Court of Canada legalized physicianassisted dying. Responding to this decision, Parliament passed Bill C-14, which provides that adults who suffer intolerably from a terminal medical condition may seek assistance to end their lives. Notably, the legislation does not grant access to mature minors. This article considers whether access should be granted, examining the Canadian assisted dying framework, situations of minors who might seek assisted dying, the law concerning mature minor consent to medical treatment, and other jurisdictions that grant access to mature minors. It argues that the ethical principles of autonomy and beneficence that underlie the Carter decision should be used to determine whether mature minors should have access to physician-assisted dying.


The biomedical ethical principles of autonomy, beneficence, non-maleficence, and justice are well established, though they have been challenged by feminist and nursing ethics. Decision-making in practice requires a balance of not only ethical principles, but also legal and professional frameworks, alongside patient and family wishes. Cancer clinical trials raise ethical issues around the balance between risk and potential benefits to patients, and they may need support making the right decision about whether to participate. The rising cost of cancer drug treatments has raised difficult questions about which drugs should be authorized for use within the United Kingdom (UK)'s National Health Service. End-of-life care raises particularly challenging ethical issues. Mental capacity or competence is defined in law in the UK, and treatment decisions may be made on behalf of patients if they are assessed and found to lack capacity. However, patients and families are encouraged to make advance statements and decisions about treatment in the event of losing capacity. Decisions on whether to give, withdraw, or withhold treatment, artificial hydration and nutrition, and cardiopulmonary resuscitation (CPR) are sensitive, and should be based on assessment, consultation with family, and consideration of ethical, legal, and professional principles. Euthanasia and physician-assisted suicide (assisted dying) are highly contentious issues internationally and illegal in most countries. Some countries allow them under certain circumstances. In response to a patient asking about assisted dying, the nurse should listen to their concerns, be prepared to talk about the process of dying, and support them to establish their priorities.


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