When considering whether this is an area, which the law should intervene, different conclusions are reached depending on the particular theory applied. For example.
Mill’s harm-to-others principle would not advocate intervention, since the intention is to harm oneself not others. The individual is best able to decide when and how he or she should die. This is an issue of individual freedom and there is no reason why the law should not let us die proudly.
However, Hart’s paternalism would not allow euthanasia to be licensed since the law must protect people from harming themselves.
If Devlin’s legal moralism theory is applied, it would depend on whether, objectively, this is a conduct which is so immoral but it justifies legal intervention to preserve society; society however must prevent intentional killing in all circumstances since it is too fundamental to society to be has not changed, many patents are still being killed.
The debate over euthanasia and assisted is about public policy and the law. Suicide or attempted suicide is not criminalized anywhere in the U.K or many other countries. This is not due to the right to suicide. Penalties against attempted suicide were removed for the purpose of preventing suicide, so people would be able to seek help
In dealing with the problems they’re facing without being prosecuted, if it were discovered that they had attempted suicide. The main issue of legalising euthanasia and assisted euthanasia is that condemned killers would have more rights to their lives prosecuted than would vulnerable people who could be pressured and exploited into what amounts to capital punishment for the crime of being sick, dependant, old or disabled. Another problem with legalising euthanasia is the fact that it legitimises the use of plastic bags and carbon monoxide to kill vulnerable people. An example of this would be, the immediately following the Oregon’s assisted suicide law. Some who favour euthanasia and assisted suicide said this law would permit the types of activities carried out by Jack Kevorkian. However, pills could lead to complications and only a lethal injection or suffocation with a plastic bag could ensure death.
Jack Kevorkian participated in the deaths of over 130 people before he was convicted of murder. He states that a terminal illnesses as any diseases that diminishes life for even a day. On the other hand, assisted suicide for non-terminally ill patients has also been advocated repeatedly in the United States. It was recommended by the New England Journal of Medicine that assisted suicide should be permitted, not only for those with terminal illnesses but for those with incurable debilitating illnesses. Within two years after the passage of Oregon’s assisted suicide law, a model law was drafted that would give doctors the right to provide assisted suicide if the patient has a terminal illness or an intractable and unbearable illness. At present, Oregon, Netherlands and Belgium are the only jurisdictions in the world where laws specifically permit euthanasia and assisted suicide the Netherlands bill went into effect in the year 2000 and as for Belgium, the year 2002.
The right to die act consists of the following guidelines.
Any person may request any person 14 years of age or older to terminate the life of the requestor. This may be done orally or it may be written. Any person
Terminating the life of a requestor, pursuant to a valid request, shall not be civilly liable for his actions and shall not be considered in violation of s.940.01 to 940.09.
Prior to requesting another person to terminate the requestor’s life, the requestor, if married, must inform his spouse of his decision. Permission from the spouse shall not be a condition precedent to making a valid request to die.
A person under 7 years or older but under 18 years of age shall notify his parents or guardian, whichever is applicable, prior to requesting another person to terminate the requestor’s life. Permission from parents or guardian shall not be a condition precedent to making a valid request to die. ()
There was a commentary that was post dated at 03 December 2002, Life’s Worth, titles, The Case Against Assisted Suicide by Arthur J. Dyck. An ill patient, Sidney Cohen, was told by his physician that he had cancer and he would die a painful death in less than 3 months. Cancer was diagnosed in November and by January 1st Sidney Cohen described himself as “bed bound by pain and weakness, only being able to drink water for six weeks, desperate. Isolates and frightened”. (Commentary on assisted suicide, ().
On January 1st he truly wished that euthanasia could have been administrated, however it wasn’t. Since coming under the care of the MacMillian Service [hospice homecare] his pain had relieved completely and his ability to enjoy life was restored. His weight and strength increased since his treatment and he feels that he is living a full life.
“My experiences have served to convince me that euthanasia, even if voluntary, is fundamentally wrong and I’m now staunchly against it on religious, moral, intellectual and spiritual grounds. My wife’s views have changed similarly.” (Commentary on assisted suicide by Arthur Dyck). The patient felt it was his decision on whether he wanted his life to discontinue, as he was the one who did the suffering.
Many people who attempt suicide are stopped by others, many then go on to seek counselling from which they lead happier lives. I they had been assisted in their attempts they would never of had that chance. One of 886 people who were rescued from attempted suicides found that five years later only 3.84% had gone and killed themselves. Swedish studies show a 35yr follow up found only 10.9% later killed themselves.
There are two other aspects within euthanasia. Voluntary passive euthanasia and involuntary active euthanasia. In voluntary passive euthanasia, a person decides for himself that medical treatment that he is receiving is making his life more unpleasant than the disease, and that he would rather end the treatment and go home. Presumably he concludes that a shorter but more comfortable life is preferable. Or perhaps he is simply tired of fighting, and wants to just give up and die.
In involuntary active euthanasia, one person decides that another person's life is no longer worth living or no longer of value, and has him killed.
As I have discussed, euthanasia supporters over the years have not been limited, however this does pose a threat o minors, and very little attention has been paid to this aspect of the debate. One issue which has never been looked at is the fact that young people would be affected. The public is not ready to consider the possibility of death on demand for or by children and adolescents. In my opinion this does not mean that the aspect of the debate should be ignored. Many of those who support euthanasia and assisted suicide may at times forget what is at stake. Euthanasia and assisted suicide are usually both used together therefore it may seem that they have similar meanings. One way to distinguish them would be to look at the last act- the act without which an intended death would not occur. For example, if a intoxicant needle has been inserted into a patient’s vein so a lethal drug would flow through a switch, triggering the switch would be the last act; this is when euthanasia shall occur. Until 1994, the right-to-die adheres wanted to legalise both practices under the label “aid in dying.” The Oregon Death with Dignity Act marked the first time that an “assisted suicide only” bill was proposed. This made Oregon the first place in the world to pass specific legislation permitting assisted suicide, then it was Belgium and the Netherlands which the permitting of euthanasia and assisted suicide laws.
Bibliography.
- Oregon’s death with dignity act passed in November 1994 went into effect in 1997.
-
Elliot and Quinn. 4th edition.
- The New England Journal of Medicine, March 30, 1986, p.848.
-
on May 29th 2001
- Law book, letts.