The Commission on Assisted Dying, set up in September 2010 and chaired by former Lord Chancellor Charles Falconer, has issued its monumental report on assisted dying in England and Wales. The Commission was funded by two supporters of assisted suicide, author Terry Pratchett and businessman Bernard Lewis, and despite reassurances that the running and outcome of the Commission were independent, some individuals and groups opposed to the practice regrettably refused to give evidence to the Commission. Still, the range and quantity of the evidence, which included evidence gathered from international research visits, qualitative interviews and focus groups, commissioned papers, and seminars, is impressive and can be read and watched here.
In 1994, the Georgia legislature enacted OCGA § 16-5-5 (b), which provides that any person “who publicly advertises, offers, or holds himself or herself out as offering that he or she will intentionally and actively assist another person in the commission of suicide and commits any overt act to further that purpose is guilty of a felony.” Violation of the statute is punishable by imprisonment for not less than one nor more than five years. OCGA § 16-5-5 (b). The issue in this case is whether §16-5-5 (b) is constitutional under the free speech clauses of the federal and state constitutions.
Il est normal qu'en période électorale les sujets de société s'invitent dans les programmes des candidats. Il est en revanche toujours regrettable que, sur ces sujets majeurs qui engagent notre vision des équilibres humains, les propositions mélangent le flou et l'improvisation. Cette situation est clairement dangereuse lorsqu'il s'agit de notre conception de la fin de vie et de la mort. M. Hollande propose que "toute personne majeure [en fin de vie] puisse demander, dans des conditions précises et strictes, à bénéficier d'une assistance médicalisée pour terminer sa fin de vie dans la dignité." Le Parti socialiste a évoqué "un pas vers l'euthanasie", bien que le terme ne soit pas mentionné. L'euthanasie signifie la possibilité ouverte de donner la mort à un malade qui le réclame. Est-ce cela que souhaite M. Hollande . Si c'est le cas, pourquoi, une fois de plus, ne pas le dire clairement ? "Un pas vers l'euthanasie", c'est l'euthanasie.
In this article the ethical debate on euthanasia and assisted suicide is discussed. Arguments for and against physician-assisted dying are given and analyzed. To accept euthanasia in an individual case is one thing; to accept it on a public policy level is quite another. Therefore, the issue of societal control is also addressed. It is concluded that the arguments for physician-assisted dying are most convincing, but the different systems to have this in a country may be defended.
Today's sentencing of a 50-year-old Mt Nebo man to three years' jail for assisting the suicide of an elderly friend is a significant milestone in Queensland's criminal legal history, a Queensland University of Technology (QUT) law expert has said. Associate Professor Ben White said Merin Nielsen was the first person in Queensland to be convicted of assisting a suicide. He was convicted of assisting the suicide of 76-year-old Brisbane man, Frank Ward, who died in 2009 after taking the drug Nembutal which Mr Nielsen procured for him in Mexico. In the Supreme Court this morning Justice Jean Dalton ruled Nielsen would serve six months of the three year sentence in prison. "The case will be used in future by judges considering how they should sentence similar cases," Professor White said. "It will be significant not only in Queensland but also in sentencing nationally as there are only relatively few cases of this type in Australia."
Assisted death and voluntary euthanasia have received significant and sustained media attention in recent years. High-profile cases of people seeking assistance to end their lives have raised, at least in the popular press, debate about whether individuals should be able to seek such assistance at a time when they consider their suffering to be unbearable or their quality of life unsatisfactory. Other recent developments include a number of attempts to legislate on the issue by the minor parties in Australia and the successful enactment of legislation in a few overseas jurisdictions. However, despite all of the recent attention that has focused on assisted death and voluntary euthanasia, a discussion of the adequacy of existing laws has not made it onto the political agenda of any of the Australian State or Territory governments. This is in spite of the fact that the private views of the majority of our elected Members of Parliament may be supportive of reform. ...
The Claimant seeks three declarations, namely: i) A declaration that it would not be unlawful, on the grounds of necessity, for Mr Nicklinson's GP, or another doctor, to terminate or assist the termination of Mr Nicklinson's life. ii) Further or alternatively, a declaration that the current law of murder and/or of assisted suicide is incompatible with Mr Nicklinson's right to respect for private life under Article 8, contrary to sections 1 and 6 Human Rights Act 1998, in so far as it criminalises voluntary active euthanasia and/or assisted suicide. iii) Further or alternatively, a declaration that existing domestic law and practice fail adequately to regulate the practice of active euthanasia (both voluntary and involuntary), in breach of Article 2.
Penney Lewis, a law professor at King's College London, said the U.K. had become more receptive to allowing assisted suicide in recent years but not euthanasia. "Granting Nicklinson a hearing does not mean euthanasia will be allowed, but it is a big step," she said. Legalizing euthanasia in the Netherlands began in a similar fashion, with doctors in court cases employing arguments much like those of Nicklinson's legal team, Lewis said.
Le Ministère public neuchâtelois ne fera pas recours contre l’ancien médecin cantonal Daphné Berner, jugée à la fin de l’an dernier pour euthanasie active. Même s’il n’est pas entièrement convaincu par les motifs retenus par le Tribunal de police, il souligne que l’acquittement n’a été prononcé qu’en raison de circonstances très particulières.
According to a BBC report, Tony Nicklinson, 58, from Melksham, Wiltshire, has “locked-in syndrome” after a stroke in 2005 and “is unable to carry out his own suicide.” “He is seeking legal protection for any doctor who helps him end his life.” In fact, it is not quite correct that Tony Nicklinson “is unable to carry out his own suicide.” He could at present refuse to eat food or drink fluids. Hunger strikers do this for political reasons. He could do it for personal reasons. People should not be force fed against their own autonomous wishes.
Neuchâtel, 27.03.2012 (FSO) – The Federal Statistical Office (FSO) is presenting statistical results on assisted suicide for the first time. These cover the period from 1998 to 2009. During this period the number of Swiss residents who died as a result of assisted suicide rose steadily. In 2009, the number was nearly 300, which corresponds to 4.8 per 1000 deaths. There are no corresponding data for the period prior to 1998.
RAPSI spoke with Penney Lewis, a law professor at King’s College London and expert on end-of-life issues. Lewis explained that “There aren't any current legislative proposals (being considered by the legislature) although debates are held in the House of Commons on the Director of Public Prosecutions' (DPP) policy on assisted suicide.” Lewis is critical of the DPP’s current policy due to its failure to include any reference to a patient’s condition or experience on the basis of discrimination concerns, its preferential treatment of amateur rather than medically assisted suicide, and its focus on the motives of the suspect rather than those of the patient.
Dignity in Dying has today welcomed MPs' historic decision to back Director of Public Prosecutions (DPP) guidelines on assisted suicide, as well as MPs endorsement of further development of end-of-life care via an amendment to the motion. The DPPs guidelines make clear that those who compassionately assist a loved one to die at their request are unlikely to be prosecuted, and that those who maliciously encourage the death of another will feel the full force of the law.
Washington’s Death with Dignity Act allows adult residents in the state with six months (180 days) or less to live to request lethal doses of medication from physicians. In this report, a participant of the act is defined as someone to whom medication was dispensed under the terms of this law. This report focuses on the 103 participants for whom medication was dispensed between January 1, 2011 and December 31, 2011. It includes data from the documentation received by the Department of Health as of February 29, 2012.
In a decision released Friday, Madam Justice Lynn Smith says the Criminal Code provisions “unjustifiably infringe the equality rights” of the plaintiffs in the case, including Gloria Taylor, who suffers from amyotrophic lateral sclerosis (ALS). Joseph Arvay, who represented Ms. Taylor, said that his client cried with relief on hearing the decision. He said that he does not know what her plans are. Mr. Arvay said he imagined that the government would appeal the ruling, but hoped they would not. A spokesperson for the federal government said the minister needed time to read the extensive ruling, but that they would be reviewing the judgment.
The claim that the legislation infringes Ms. Taylor’s equality rights begins with the fact that the law does not prohibit suicide. However, persons who are physically disabled such that they cannot commit suicide without help are denied that option, because s. 241(b) prohibits assisted suicide. The provisions regarding assisted suicide have a more burdensome effect on persons with physical disabilities than on able-bodied persons, and thereby create, in effect, a distinction based on physical disability. The impact of the distinction is felt particularly acutely by persons such as Ms. Taylor, who are grievously and irremediably ill, physically disabled or soon to become so, mentally competent, and who wish to have some control over their circumstances at the end of their lives. The distinction is discriminatory, under the test explained by the Supreme Court of Canada in Withler, because it perpetuates disadvantage.
British Columbia’s Supreme Court ruled last week [in Carter v AG Canada] that provisions of the Criminal Code that ban physician-assisted suicide are unconstitutional. Madam Justice Lynn Smith suspended her ruling for one year to give Parliament time to draft new legislation. A government spokeswoman said Ottawa is still reviewing the judgment, but her reminder that Parliament voted not to change the physician-assisted suicide law just two years ago has only added to the sense that there will be an appeal. Ms. Taylor – a 64-year-old who suffers from Lou Gehrig’s disease – was granted a constitutional exemption that permits her to proceed with physician-assisted suicide during the one-year period, though she must meet a number of conditions.