“The current legal status of assisted dying is inadequate and incoherent...” The Commission on Assisted Dying was set up in September 2010 to consider whether the current legal and policy approach to assisted dying in England and Wales is fit for purpose. In addition to evaluating the strengths and weaknesses of the legal status quo, the Commission also set out to explore the question of what a framework for assisted dying might look like, if such a system were to be implemented in the UK, and what approach to assisted dying might be most acceptable to health and social care professionals and to the general public.
Marcia Angell was an editor of the most prestigious medical journal in the world for two decades. She currently gives monthly lectures on ethics to faculty at Harvard Medical School. And she served on a panel that gave advice on medical issues to the White House. But Dr. Angell’s credentials were challenged, Wednesday, in the Supreme Court of British Columbia when a lawyer for the federal Department of Justice tried to prevent her affidavit from being entered in a case concerning physician-assisted suicide.
The words of a man who died in agonizing pain and those of his wife, who wept helplessly at his bedside for days while his life slowly ebbed, were read into the court record during the emotional opening of a right-to-die case. With a dozen lawyers in attendance, a packed public gallery inside and a crowd of placard-waving protestors opposed to change on the Supreme Court of British Columbia steps outside, lawyer Joseph Arvay started dramatically by reading the affidavits of Peter Fenker, and his wife, Grace.
ROMA - I punti salienti della legge sul testamento biologico approvata oggi alla Camera, che per il varo definitivo dovrà tornare al Senato, sono almeno due: le dichiarazioni anticipate di trattamento non sono vincolanti per i medici ed escludono la possibilità di sospendere nutrizione e idratazione, salvo in casi terminali. Inoltre, sono applicabili solo se il paziente ha un'accertata assenza di attività cerebrale.
Dying Auckland GP John Pollock says he will be "long gone" by the time the fiery debate on euthanasia has reached a resolution. Pollock, 61, ignited the issue last month when he went public calling for a review of the law which prohibits euthanasia for dying and suffering Kiwis. Pollock, who is suffering from metastatic melanoma, is now shying away from the spotlight, not wanting to spend his final days in a glare of publicity. But, he says, he has done what he set out to do - start an open and vigorous debate on a subject which has been more-or-less taboo up until now. "My part in all this is over," says Pollock. "I set out to ignite debate, and the fire has now been lit - in fact it's blazing. I'm not going to be the centrepiece for the fight. It's going to take donkey's years and I'll be long gone." The key, he says, is to get the medical profession on board.
Elderly people should be allowed to end their lives with the help of a doctor even if they are not terminally ill, according to a new campaign group that claims to have widespread support. The Society for Old Age Rational Suicide, led by a former GP known as “Dr Death”, says that pensioners should have the human right to declare “enough is enough” and die with dignity.
Fergus Walsh | 20:30 UK time, Monday, 19 July 2010 The case of Tony Nicklinson will re-open the debate on assisted dying and so-called "mercy killing". He has locked-in syndrome, following a stroke. Unable to talk, he communicates by blinking or nodding his head. He also has a specially adapted computer with a push-button control. Mr Nicklinson wants his wife to be allowed to inject him with a lethal drugs dose without the fear of her being prosecuted for murder or manslaughter. As the law stands, that seems a vain hope because actively taking a life, even with consent, has always been treated as a crime, leading to a jury trial.
A man with "locked-in syndrome" has begun legal action, asking the director of public prosecutions to clarify the law on so-called mercy killing. Tony Nicklinson, 56, wants his wife to be allowed to help him die without the risk of being prosecuted for murder. Mr Nicklinson, of Chippenham, Wiltshire, communicates by blinking or nodding his head at letters on a board. His lawyers say he is "fed up with life" and does not wish to spend the next 20 years in this condition. According to his legal team, his only lawful means of ending his life is by starvation - refusing food and liquids. His wife Jane says she is prepared to inject him with a lethal dose of drugs, but this would leave her liable to be charged with murder.
On 25 February, the Director of Public Prosecutions, Keir Starmer QC, launched the Policy for Prosecutors in respect of cases of Encouraging or Assisting Suicide.
A new campaign by disability rights activists to limit the right to die launches at Westminster on Thursday. The campaign - called Not Dead Yet UK Resistance - will be asking MPs to sign a charter in support of its aims. It says that disabled and terminally ill people should enjoy the same legal protection as everyone else. Those in favour of assisted suicide argue that opposing assisted suicide will condemn terminally-ill people to suffer needlessly. The Not Dead Yet UK's charter includes a commitment to oppose any changes to existing laws which state that assisting a patient to commit suicide is illegal.
The Royal College of General Practitioners (RCGP) is to remain opposed to any change in the law on assisted dying, it has been revealed today following one of the most comprehensive consultations of its members. More than 1,700 members responded to the consultation, which was open from 22 May 2013 until 9 October 2013. College members responded either as individuals, or through one of the RCGP Devolved Councils, one of the RCGP Faculties (local branches), or via a College committee or group. The consultation was conducted through a range of methods, including debates at local meetings, online polls and individual correspondence. Today’s Council debate on the issue ended with a resolution to “maintain the College’s position of opposition to a change in the law on assisted dying”. Seventy seven per cent of RCGP members who submitted individual responses to the consultation expressed the opinion that the College should remain opposed to a change in the law to permit assisted dying. In add
At its policy convention in Calgary this week, the Canadian Medical Association was poised to debate one of the most emotionally charged and ethically perilous issues in medicine: doctor-assisted death. But physicians got bogged down in semantics, in lengthy discussions about the appropriate language to use to describe hastening death at the end of life, and deferred real debate to a later, unspecified date and another unspecified time.
Rechtsonzekerheid voor artsen bij uitvoering euthanasie onacceptabel Artsen houden zich goed aan de euthanasiewet, zo blijkt uit de tweede evaluatie van deze wet. Maar zij worden geconfronteerd met rechtsonzekerheid over het toetsingskader. Daarom steunt de KNMG de aanbeveling van een code of practice voor de toetsingscommissies en dringt zij aan op duidelijkheid over de waarde van de schriftelijke wilsverklaring bij wilsonbekwame patiënten. De KNMG reageert hiermee op de tweede evaluatie van de Wet toetsing levensbeëindiging op verzoek en hulp bij zelfdoding (Wtl).
PUTTE, Belgium—In this small village amid an array of Flemish farms, they were an unusual but seemingly happy pair, two 43-year-olds who were identical, deaf twins. Townspeople recalled seeing Marc and Eddy Verbessem around town frequently, talking animatedly in sign language together, tooling around in a small blue car, and regularly buying two copies of a popular gossip magazine. No one expected them to decide to die on purpose.
Un débat interne à l’ensemble de l’Institution ordinale a été conduit avant cette expression publique. Il en résulte que la fin de la vie d’une personne dans ces situations implique profondément le corps médical selon les principes éthiques de bienfaisance et d’humanité. L’Ordre national des médecins propose donc de promouvoir une meilleure connaissance de la loi Leonetti et d’envisager des améliorations susceptibles de répondre à des situations exceptionnelles. L’Ordre national des médecins apportera sa contribution au débat sociétal quant à l’euthanasie délibérée et au suicide assisté.
Two severely disabled men will go to the Court of Appeal later to try to change laws governing the right to die. Paul Lamb, from Leeds, was paralysed from the neck down in a car accident and wants a doctor to help him to die. The 58-year-old, who has taken up the case begun by the late Tony Nicklinson, is seeking a ruling that would give doctors a defence to a murder charge. The other man, known only as Martin, is seeking a change to the prosecution of assisted suicide.
In June 2010 we announced that we would be working together to prepare a Private Member’s Bill to allow for voluntary assisted dying for terminally ill Tasmanians. We did so at that time because we believed that there was a compelling case for law reform in this area. As we demonstrate through this Consultation Paper, the case for legalising a form of voluntary assisted dying has continued to strengthen since our announcement to develop a new Bill, and we have good reason to believe that the case in support of law reform will only continue to grow. As legislators we believe that the law in this area has not kept up with changes in medical practice, social values or the views of the vast majority of the community. It is time for change. We believe it is important and necessary for the Parliament to enact legislation that fully demonstrates the compassion we all feel for people who are suffering in extremely difficult circumstances at the end of their lives. We know of too many terrib...
The Divisional Court's judgment in the cases of Tony Nicklinson and 'Martin' is awash with statements that it is for parliament alone to legalise assisted dying. However, there is little appetite for statutory legalisation in Westminster. Meanwhile, Tony and Martin are condemned to live against their wishes.
This paper examines the controversial and complex issues of euthanasia and physician-assisted suicide (PAS). I begin by defining and distinguishing these two terms and explain how they relate to each other. I also describe the medical doctrine of double effect, in which relieving pain comes at the expense of hastening death. Then, I give a brief overview of the common law defense of necessity, which is practically the sole defense available to or used by physicians accused of committing euthanasia or PAS. Finally, I analyze the legal doctrines of euthanasia and PAS, focusing on legislation and cases in the European Union — primarily the United Kingdom, the Netherlands, and Switzerland — and the U.S. states of Oregon, Washington, and Montana.
There would be "an almighty parliamentary row" if laws on assisted suicide were re-examined, Conservative MP Mark Pritchard has said. The former secretary of the 1922 committee of backbenchers said Tory MPs would "not accept reform lying down".
Terminally ill people seeking help to die should be allowed to obtain assistance in the UK, a newly-promoted health minister has said. Anna Soubry told the Times it was "ridiculous and appalling" that Britons had to "go abroad to end their life".
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.
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.
European Association for Palliative Care submission to the Commission on Assisted Dying on the quality of palliative care in countries that have legalised euthanasia and/or assisted suicide in Europe.
This woman was diagnosed with cancer and says she should be allowed to end her life when the time is right. A survey we carried out shows most people share her views.
This short paper for one of the world's leading bioethics journals introduces readers to medical tourism - the travel of patients from their home country to another for the primary purpose of seeking medical treatment. The paper divides medical tourism into three types: (1) Medical tourism for services illegal in both the patient's home and destination countries (e.g., organ transplant tourism); (2) Medical tourism for services that are illegal in the patient's home country but legal in the destination country (e.g., some forms of fertility tourism, euthanasia tourism, experimental drug tourism); (3) Medical tourism for services legal in both the home and destination country (e.g., traveling abroad for a heart valve or hip replacement). The paper then discusses several difficult ethical and regulatory challenges posed by each type of medical tourism.
The Karnataka high court on Tuesday directed the state government to furnish medical records of HB Karibasamma, a 70-year-old woman seeking the court’s permission for euthanasia. Justice Ajit Gunjal while hearing the petition asked the government to provide the records in a week’s time. Gunjal also issued notices to the ministry of parliamentary affairs, ministry of law and justice, and the chief secretary, Karnataka. This is the first case in the Karnataka high court seeking permission for mercy killing. Pramila Nesargi, senior counsel and former chairperson of the State Women’s Commission, representing Karibasamma, said the petitioner could be granted the right to die with dignity as she did not want to be a burden on the society.
L’acquittement de l’ancienne médecin cantonale en retenant l’état de nécessité constitue une première en Suisse. Le Ministère public devrait déposer un recours au TF avant la refonte de la législation prévue pour 2011
... over the years there have been numerous complaints by hon. Members regarding the persistent bias of the BBC on matters relating to euthanasia and other life issues and on the manner in which the BBC have misused public funds to promote changes in the law; ... the bias of the Corporation applies not only to news programmes but to drama, with thinly-disguised plays and soap operas being used to promote the use of euthanasia ...; ... these presentations have culminated in the last weeks with a multi-million pound campaign featuring Mrs Kay Gilderdale in Panorama and ... Sir Terry Pratchett, given centre stage to present this year's BBC Richard Dimbleby lecture calling for euthanasia and supported by the BBC website; ... every disability rights group in the UK is opposed to the legalisation of assisted suicide and euthanasia on the grounds that from experience they know it would undermine the right to life of the disabled; ...
Proponents of assisted suicide believe support for legalisation is growing among lawmakers and the public around the world. In the past year three names have been added to the list of places which permit it. The BBC's Vincent Dowd investigates whether assisted suicide is set to become even more common.
A question has arisen as to whether it was in the public interest for the Crown Prosecution Service (CPS) to have prosecuted Kay Gilderdale for attempted murder. This is an important question and, in the interests of transparency and accountability, I have decided to issue a short public answer. As is well known, before proceeding with a case, the CPS must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction and that it is in the public interest to bring the case before a court.
A mother has been found not guilty of the attempted murder of her severely ill daughter who had ME. Bridget Kathleen Gilderdale, 55, of Stonegate, East Sussex, was cleared of attempting to murder Lynn Gilderdale by jurors at Lewes Crown Court. Gilderdale had previously admitted aiding and abetting the suicide of her 31-year-old daughter and was given a 12-month conditional discharge.
Switzerland's laws that prohibit killing continue to apply in full. Direct, active euthanasia (deliberate killing in order to end the suffering of another person) is therefore also forbidden. By contrast, both indirect, active euthanasia (the use of means having side-effects that may shorten life) and passive euthanasia (rejecting or discontinuing life-prolonging measures) – while not governed by any specific statutory provisions – are not treated as criminal offences provided certain conditions are fulfilled. No legislative action is needed with regard to these three forms of euthanasia. Legal restrictions and a ban on organised assisted suicide are nonetheless open to debate. They are intended to protect human life better, and to prevent organised assisted suicide becoming a profit-driven business.
[W]hy is there such intense pressure to legalise medically assisted suicide or euthanasia? In the past 5 years in the UK there have been three bills introduced into the House of Lords seeking to legalise “assisted dying” in England and Wales; none has made progress and the last one was roundly defeated on a vote in 2006. Yet, despite Parliament's clear lack of appetite to change the law in this area, campaigners have redoubled their efforts, and the main pressure group (Dignity in Dying, formerly the Voluntary Euthanasia Society) is constantly presenting its case in the media.
Background In the Netherlands, euthanasia is allowed if physicians adhere to legal requirements. Consultation of an independent physician is one of the requirements. SCEN (Support and Consultation on Euthanasia in the Netherlands) physicians have been trained to provide such consultations. Objective To study why euthanasia requests are sometimes judged not to meet requirements of due care and to find out which characteristics are associated with the SCEN physicians’ judgments. Methods During 5 years (2006, 2008-2011) standardized registration forms were used for data-collection. We used multilevel logistic regression analysis to assess the associations of characteristics and SCEN physicians’ judgments. Results We analyzed 1631 euthanasia requests, involving 415 SCEN physicians. Patient characteristics that were associated with a lower likelihood to meet due care requirements were: being tired with life, depression and not wanting to be a burden. Physical suffering and higher patien
Abstract Objectives Potentially life-shortening medical end-of-life practices (end-of-life decisions (ELDs)) remain subject to conceptual vagueness. This study evaluates how physicians label these practices by examining which of their own practices (described according to the precise act, the intention, the presence of an explicit patient request and the self-estimated degree of life shortening) they label as euthanasia or sedation. Methods We conducted a large stratified random sample of death certificates from 2007 (N=6927). The physicians named on the death certificate were approached by means of a postal questionnaire asking about ELDs made in each case and asked to choose the most appropriate label to describe the ELD. Response rate was 58.4%. Results In the vast majority of practices labelled as euthanasia, the self-reported actions of the physicians corresponded with the definition in the Belgian euthanasia legislation; practices labelled as palliative or terminal sedation lac
In a historic vote in the National Assembly, Quebec has become the first province to legalize doctor-assisted death as part of comprehensive end-of-life legislation. Bill 52, An Act respecting end-of-life care, received broad support on Thursday from nearly 80 per cent of MNAs. Quebec Premier Philippe Couillard allowed his caucus to vote according to their conscience. The 22 MNAs who voted against were all Liberals, including 10 cabinet ministers.
This article examines the reporting requirements in four jurisdictions in which assisted dying (euthanasia and/or assisted suicide) is legally regulated: the Netherlands, Belgium, Oregon and Switzerland. These jurisdictions were chosen because each had a substantial amount of empirical evidence available. We assess the available empirical evidence on reporting and what it tells us about the effectiveness of such requirements in encouraging reporting. We also look at the nature of requirements on regulatory bodies to refer cases not meeting the legal criteria to either prosecutorial or disciplinary authorities. We assess the evidence available on the outcomes of reported cases, including the rate of referral and the ultimate disposition of referred cases.
Maine lawmakers declined today to follow in the footsteps of Vermont, rejecting a bill that would have allowed physician-assisted suicide in Maine. Winterport independent Rep. Joe Brooks told his fellow House members that he has seen his share of unnecessary suffering among terminally ill family members who simply had no choices other than to wait to die. He says that's why he sponsored a bill allowing terminally ill patients the option of "dying with dignity." "This is a question of choice, this is not a mandate, this is not an issue that is forcing people to die before their time," Brooks said. After nearly an hour of debate, in which some members expressed concerns that end-of-life decisions might not reflect the patient's original intent, lamakers rejected the bill, 95-43. The measure now moves to the Senate.
Compromise on moral matters attracts ambivalent reactions, since it seems at once laudable and deplorable. When a hotly-contested phenomenon like assisted dying is debated, all-or-nothing positions tend to be advanced, with little thought given to the desirability of, or prospects for, compromise. In response to recent articles by Søren Holm and Alex Mullock, in this article I argue that principled compromise can be encouraged even in relation to this phenomenon, provided that certain conditions are present (which I suggest they are). In order to qualify as appropriately principled, the ensuing negotiations require disputants to observe three constraints: they should be suitably reflective, reliable and respectful in their dealings with one another. The product that will result from such a process will also need to split the difference between the warring parties. In assisted dying, I argue that a reduced offence of ‘compassionate killing’ can achieve this. I acknowledge, however, t...
Penser solidairement la fin de vie RAPPORT A FRANCOIS HOLLANDE PRESIDENT DE LA REPUBLIQUE FRANCAISE COMMISSION DE REFLEXION SUR LA FIN DE VIE EN FRANCE 18 décembre 2012
Sans prononcer une seule fois le mot, comme pendant sa campagne électorale, François Hollande a lancé mardi 17 juillet un débat national sur l'euthanasie, qui a les faveurs d'une majorité des Français. Le président a pris l'engagement de développer les soins palliatifs et une réforme "dans les prochains mois". M. Hollande a aussi posé la question de dépasser la loi Leonetti de 2005 qui s'oppose à l'acharnement thérapeutique sans permettre de déclencher un geste médical pour provoquer la mort.
A large number of films and documentaries on euthanasia available to watch online. Quite a few in English including documentaries by Terry Pratchett and John Zaritsky on Dignitas. Also a documentary on Philip Nitschke and the law in the Northern Territory of Australia.
We give Martin permission to appeal against the DPP, although we do not consider that the appeal has any real prospect of success. Our reason for giving permission is the first of the “two other compelling reasons” advanced in the application for permission to appeal. More particularly, we consider that our approach to the role of the DPP and to the decision in Purdy in relation to s2 of the Suicide Act raises questions of sufficient significance to merit consideration by the Court of Appeal.
Judgment has been reserved in a case brought by a severely disabled man with "locked-in syndrome" who has urged a judge not to halt his High Court action to let a doctor end his life. Tony Nicklinson, 57, of Melksham, Wiltshire, wants a doctor to be able to "lawfully" conduct an assisted suicide.
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.
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.
Whether the world will one day reach a consensus as to euthanasia and assisted suicide is anyone's guess. In the meantime, the legality of these procedures differs among jurisdictions, and as always some will be tempted to travel in search of that which they cannot get at home. But unlike other areas in which residents of one state or country can take advantage of another's liberality - laws on alcohol, marijuana, and gambling come to mind - the stakes and finality of end-of-life decisions make traveling to undergo life-ending procedures, or "death tourism," of unique concern to policymakers. The United States, save for Oregon and Washington (and maybe Montana), has for the time being decided against legalizing life-ending procedures. As such, state and federal governments would probably take issue with Americans traveling to get help dying. In this Article, I explore the phenomenon of death tourism and how our governments might attempt to prevent its exploitation by Americans.