Euthanasia: A good death or an act of mercy killing: A global scenario

Euthanasia has been a subject of debate worldwide. It has brought up multiple controversies in different countries and among different societies. Over the years, euthanasia has been an active topic of research in the field of bioethics, owing to its numerous ethical and legal implications. In this article, we take a brief look into the laws and legislation surrounding euthanasia in different parts of the world.

GOING GENTLY INTO THAT GOOD NIGHT: THE CONSTITUTIONALITY OF CONSENT IN CASES OF EUTHANASIA

Although consent is a justification ground in South African law, its applicability to cases of euthanasia has been the subject of controversy. It is submitted that relying on the distinction between omission and commission, or causation or intent will not prove useful in justifying mercy killing. In terms of the South African Constitution (and various human rights guaranteed therein), there may be compelling arguments for legalizing euthanasia. For instance, section 10 of the Constitution guarantees the right to dignity. A lack of control over your destiny essentially involves a loss of dignity. Further, the right to dignity and the qualified right to personal autonomy inform section 14: the right to privacy. This right holds that an individual can make certain fundamental private choices without state interference. Surely this would extend to how to end one’s life? This article advocates that a rights-based approach be used to inform the doctrine of consent. This would entail taking the victim’s shared responsibility into account thereby reducing the perpetrator’s fault.

15. Further homicide and related offences

This chapter deals with further homicide and related offences. It discusses offences ancillary to murder, solicitation and threats to kill, the offence of concealment of birth, complicity in suicide, mercy killing and suicide pacts as well as the Suicide Act 1961. The chapter also covers offences of infanticide, child destruction and abortion. Finally, it then moves on to provide an overview of the offences under the Domestic Violence, Crime and Victims Acts 2004 and 2012 of causing or allowing a child or vulnerable adult to be killed or caused serious injury. The chapter examines the recent line of case law from the House of Lords and the Supreme Court considering whether the absolute prohibition on assisted suicide violates rights guaranteed in the European Convention on Human Rights.

Euthanasia Formulation Policy in Indonesia's Criminal Legislation and Implications for Patient Life

No religion is recognized in Indonesia that allows euthanasia to be carried out. Because indeed an action in English called mercy killing or murder based on mercy can also be said to be contradictory to its name, where in carrying out the manifestation of mercy it is precisely what is done is to take the life of man, the gift of the Almighty and should be respected and guarded. Formulation of Article 344 of the Criminal Code concerning euthanasia has a weakness, among others: The existence of elements: at the request of the person himself expressed with sincerity, which makes it difficult to prove and prosecute. Article 344 of the Criminal Code is about active euthanasia, whereas the law of passive euthanasia is not regulated. Delict euthanasia is an ordinary offense, and is not an offense, so it is demanded the tenacity and sharpness of the investigating apparatus and investigators to reveal whether an act of euthanasia has been committed.

A Husband Cut His Ailing Wife's Throat in 'Act of Love': First Reported Case in Sri Lanka

Introduction: Infliction of painless death in a patient suffering from severe pain or distress due to incurable terminal illness by another person called as mercy killing or euthanasia. If this happened in a hospital with the consent in a country, where euthanasia is legalized there is nothing to be discussed. Absence of deceased account related to the incident and the so-called history of “mercy killing” opens up much discussion. Case Report: A 63-year-old married woman was found dead with a cut injury from which bled a lot onto her bed in an early morning with a sharp knife at the scene. History revealed that she had sustained cervical spinal cord injury upon accidental fall around 5 months ago confining her to bed with quadriplegia and much pain. The pain and the hardships that she was facing were too distressing and were unbearable to the husband who loved the wife very much. The husband had planned himself to get suicide after killing his wife with the pure intention of ending of her suffering. As a result, husband slashed her neck with a sharp knife. There after he tried to commit suicide with cut throat and hanging but both methods were failed. At the autopsy, the clothes showed flashed blood on the upper part of the blouse. A deep, horizontally placed, incised neck injury was found on the front and right side of middle third of the neck. Death was opined as due to exsanguinous bleeding resulting from deep cut of the neck produced by a sharp weapon. Upon the medico-legal examination of the alleged husband with superficial cut injuries at the neck and head and a ligature mark, confessed that he killed her wife solely because of the incurable suffering. Conclusion: The important fact here to be considered is the intention of the alleged assailant i.e. actual case of mercy killing, or a malicious act or he was insane, depressed, etc. It needs psychological assessment of assailant by Forensic Psychiatrist. Among many other facts this case highlights the consid

Mercy Killing and the Specific Features of Its Subjective Side

Building a rule-of-law state requires establishing rational priorities for legal protection. Human life and health should undoubtedly hold a center place in the criminal law policy as objects of protection against criminal infringements. Murder is one of such harmful infringements. At the same time, there is sometimes a considerable difference in the degree of public danger of its different varieties. Russian criminal law policy is aimed at a further humanization and harmonization of criminal law, which makes it necessary to examine the regulation of mercy killings. A killing committed out of mercy, at the victim’s request, to relief pain and unbearable suffering caused by a severe incurable illness is not regulated by Russian legislation. This type of killings is currently qualified by Russian law enforcers under Clause «в», Part 2, Art. 105 of the Criminal Code of the Russian Federation. Thus, Russian legislation views this type of killing as a qualified crime which, according to the author, is not quite correct. The article cites international practice that categorizes mercy killing as a privileged type of crime. Besides, some theoretical considerations in the article are illustrated by examples from Russian court practice on this type of killing. The article is based on both Russian and foreign works in the sphere of criminal law. It discusses some disputed aspects of delineating a mercy killing and offences with similar corpus delicti. The author concludes that there is an objective necessity to legally fix the specific offence of mercy killing, and to amend the Criminal Code of the Russian Federation to include this offence. A draft article of the CC of the RF regulating mercy killing is presented. The suggested and substantiated directions of amending Russian criminal legislation could be used in the lawmaking process for the future improvement of criminal legislation of the Russian Federation, and in teaching criminal law disciplines.

EUTHANASIA IN INDIA – LEGISLATIVE PERSPECTIVE

Every human being should enjoy right to life. Article 21 of the Indian Constitution as well as under article 3 of International Convention Universal Declaration of Human Rights, 1948, guaranteed the right to life. Every aspect of right to life has been always subject to consideration of judiciary and depend upon the facts and situations. Right to die is also claimed under this head. Euthanasia is interpreted as 'mercy killing' or 'good death'. It is advocated that there are different situations in which it should be allowed to the person to let him choose his death in place of compelling him living alive. There are different approaches in this regard which either opposes the grant of mercy killing or denies to grant the death as right to die due to some causes. Everyone has the right to live dignified life according to his wish being living into certain limits and it is expected that a human being should struggle also in adverse circumstances around him. He should not lean in front of the situations. The Indian culture gives us such teachings. Hindu religion believes in the eternity of soul. Death is only the way to change a body. The soul never dies, it is eternal. Muslim religion also believes that life should be finished only upon the wish of Allah, it condemns the unnatural ending of life. But in present society in some situations, it is defended that the person should have the right to choose death. Thus, in this context the paper concentrated on the law of euthanasia in India in a legislative perspective and judicial interpretations on euthanasia.

'EUTHANASIA': AN ACT OF PERFORMANCE UNDER THE PURVIEW OF ETHICAL AND CONSTITUTIONAL ASPECTS

'Euthanasia' is the most debatable issue and has been a burning topic all over the world. The word 'Euthanasia' has been derived from Greek word 'Eu' means 'goodly' or 'well' and 'Thanatos' means 'death'. The lexicographical meaning of the word 'Euthanasia' is 'mercy killing' in which the intentional termination of the life of a terminally ill person is carried out by the assistance of another person. It is a process of carrying out a gentle and easy death of a terminally ill person when his death is desired to free him from his terribly painful life. 'Euthanasia' generally can happen in two ways – i. Passive Euthanasia and ii. Active Euthanasia. In Passive Euthanasia, the treating doctors withdraw life-support machines or withhold any further treatment to shorten the life of a dying person. In Active Euthanasia, the treating doctors apply overdose of painkillers or some other medications to quicken the death of a dying person. Some countries have legalized passive and some have legalized active euthanasia under certain legal guidelines. In this article, the subject of euthanasia has primarily been discussed from the perspective of its righteousness under the constitutional laws and its enshrinement. I also intended for a debate on the preference of active euthanasia over the passive euthanasia for quickening the death of a terminally ill person.