A Study on the Right to Die with Human Dignity - Proposing Legalization of Physician-Assisted Suicide -

2020 ◽  
Vol 26 (3) ◽  
pp. 1-36
Author(s):  
Jaewan Moon
2011 ◽  
Vol 30 (1) ◽  
pp. 17-32 ◽  
Author(s):  
Susan M. Behuniak

Much of the American debate over physician assisted death (PAD) is framed as an ideological split between conservatives and liberals, pro life and pro choice advocates, and those who emphasize morality versus personal autonomy. Less examined, but no less relevant, is a split within the ranks of progressives—one that divides those supporting a right to die in the name of human rights from disability rights activists who invoke human rights to vehemently oppose euthanasia. This paper reviews how “dignity” serves both as a divisive wedge in this debate but also as a value that can span the divide between groups and open the way to productive discourse. Supporters of legalized euthanasia use “dignity” to express their position that some deaths might indeed be accelerated. At the same time, opponents adopt the concept to argue that physician assisted suicide stigmatizes life with a disability. To bridge this divide, the worldviews of two groups, Compassion & Choices and Not Dead Yet, are studied. The analysis concludes that the two organizations are more parallel than contrary—a finding that offers opportunities for dialogue and perhaps even advances in public policy.


2011 ◽  
Vol 30 (01) ◽  
pp. 17-32
Author(s):  
Susan M. Behuniak

Much of the American debate over physician assisted death (PAD) is framed as an ideological split between conservatives and liberals, pro life and pro choice advocates, and those who emphasize morality versus personal autonomy. Less examined, but no less relevant, is a split within the ranks of progressives—one that divides those supporting a right to die in the name of human rights from disability rights activists who invoke human rights to vehemently oppose euthanasia. This paper reviews how “dignity” serves both as a divisive wedge in this debate but also as a value that can span the divide between groups and open the way to productive discourse. Supporters of legalized euthanasia use “dignity” to express their position that some deaths might indeed be accelerated. At the same time, opponents adopt the concept to argue that physician assisted suicide stigmatizes life with a disability. To bridge this divide, the worldviews of two groups, Compassion & Choices and Not Dead Yet, are studied. The analysis concludes that the two organizations are more parallel than contrary—a finding that offers opportunities for dialogue and perhaps even advances in public policy.


2020 ◽  
Vol 10 (1-2) ◽  
pp. 20-29
Author(s):  
Franlu Vulliermet

AbstractIn recent years, debates about euthanasia and assisted suicide have increased to the point that now, many people defend the recognition of the right to die, the right for people to decide upon the end of their life. Consistently, advocates fight to legalise practices such as euthanasia to guarantee patients’ possibility to die when they request it. In this paper, I review two of the strongest arguments invoked by proponents of physician-assisted suicide: the argument for compassion and the argument for dignity. The focus of this paper is to propose a review of these arguments through the lens of virtue ethics to inform the debate on physician-assisted suicide and question the relevance of such arguments for the legalisation of that right that would greatly ease the possibilities to end the life of a patient asking for it.


2021 ◽  
Vol 66 (Special Issue) ◽  
pp. 122-122
Author(s):  
Andrea Martani ◽  
◽  
◽  

"In the last few years, the debate whether terminally ill patients should have access to experimental treatments without governmental supervision has intensified. The so-called “Right-to-Try” (RTT) doctrine has become popular especially in the United States, where the federal parliament passed a bill allowing such practices. As many other policies concerning patients’ autonomy in end-of-life circumstances, the appropriateness of RTT has often been challenged. In this context, some authors recently put forward the argument that states where it is allowed to request physician assisted suicide (PAS) should also necessarily recognize a RTT. In the authors’ own words: “if states can give a terminally ill patient the right to die using medications with 100% probability of being unsafe and ineffective against his/her disease [i.e. the substances used for PAS], they should also be able to grant terminally ill patients a right to try medications with less than 100% probability of being unsafe and ineffective [i.e. ET]”. In this contribution, I will question this argument by underlying three flaws in the authors’ comparison of RTT and PAS. First, there is a fundamental distinction in the nature of the choices between the two situations concerning the (un)certainty of their outcomes. Second, the number of actors (and their potential conflicting interests) involved in these two situations is different. Third, the authors’ understanding of the object of patients’ rights in PAS is partially incorrect. I will conclude by arguing that, although reasons might exist to support RTT, such comparison with PAS is not one of them. "


2000 ◽  
Vol 17 (2) ◽  
pp. 276-292 ◽  
Author(s):  
Tom L. Beauchamp

Western ethics and law have been slow to come to conclusions about the right to choose the time and manner of one's death. However, policies, practices, and legal precedents have evolved quickly in the last quarter of the twentieth century, from the forgoing of respirators to the use of Do Not Resuscitate (DNR) orders, to the forgoing of all medical technologies (including hydration and nutrition), and now, in one U.S. state, to legalized physician-assisted suicide. The sweep of history—from the Quinlan case in New Jersey to legislation in Oregon that allows physician-assisted suicide—has been as rapid as it has been revolutionary.


2017 ◽  
Vol 114 (3) ◽  
pp. 414-423
Author(s):  
H. James Hopkins ◽  
Karen D. Hopkins

This article is a theological reflection written four months after the death, at age 80, of Nedra Faye Hathaway, mother to co-author Karen and mother-in-law to co-author Jim. Nedra chose to end her life on October 24, 2016, over a year after being diagnosed with pancreatic cancer, almost eleven months after major surgery to remove her pancreas and four months after learning the cancer was still present even after eighteen chemotherapy treatments. For many years Nedra, an Oregonian, had been a proponent of the right to die with dignity. She had supported Oregon’s approval of “Death with Dignity” law. Different states refer to this as physician-assisted suicide, right to die, or euthanasia. After moving to California to reside with her daughter and son-in-law, Nedra was diagnosed with pancreatic cancer, a diagnosis that eventually led to the conclusion that she had only months to live. After choosing to participate in California’s newly approved End of Life Option Act, Nedra agreed to contribute as part of an educational panel to support the Act. She wowed the participants of the Program. She expressed her strong belief in her right to make end-of-life decisions, appreciation for programs such as the one in which she was participating, her desire to see more states adopt Death with Dignity legislation, and her personal gratitude to each of the professionals who volunteer to support patients who make choices like hers. She also said, “I recognize there is a difference in supporting me in this process and agreeing with me at every turn in the road.” Following her participation on this panel nothing more was said to her by family members, initially uncomfortable with her decision, about taking her end-of-life medication. In the end, on a legal level, the family found that, with Nedra, they supported the adoption of “right-to-die” legislation by additional states. While they do not think that the choice she made will be the best choice for every person and every family, they acknowledge that simply having the right to choose the time and place of her death brought Nedra comfort; simultaneously, the family found themselves hoping they would have the same right regardless of which state they lived in.


Obiter ◽  
2018 ◽  
Vol 39 (2) ◽  
Author(s):  
Ntokozo Mnyandu

The Supreme Court of Appeal in Minister of Justice and Correctional Services v Estate Stransham-Ford raised more questions than the answers it provided. However, of note is the enquiry it made regarding the implications of palliative care in relation to whether the criminality of physician-assisted suicide and physician- administered euthanasia infringes a person’s dignity. In response, this paper aims to reconstruct – through the lens of Ubuntu – our understanding of human dignity and draw links with how the values of compassion and survival, which underpin Ubuntu, enjoin us as a re-affirmation of human dignity, to strive towards making hospice and palliative care readily available. Ultimately, this is done for the benefit of providing constitutionally sound reasons for why greater emphasis should be placed on palliative and hospice care when it comes to dying with dignity. To this effect, a conceptual framework of human dignity that is based on Ubuntu is summarised. This is done for the purpose of properly aligning the understanding of the right to dignity to one that represents our constitutional dispensation and ethos. Flowing from this is an extract of the values of compassion and survival that underpin Ubuntu. These values are then used to gain a lucid perspective, as to why – in our pursuit of providing a dignified death for terminally ill patients – greater emphasis should be placed on hospice and palliative care.


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