Euthanasia should be legalised in Queensland under very strict conditions - Discuss.

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Summary

Assisting or aiding another to commit suicide is classified as euthanasia. This topic is an extremely controversial issue, which has caused much legal, social and political debate between opposing stakeholders. Many professional medical practitioners and chief religious groups have been in great conflict with each other regarding this debatable issue. No state or territory in Australia has presently adopted laws permitting euthanasia. The Northern Territory’s Rights of the Terminally Ill Act 1996, made euthanasia available to the terminally ill patients of that state, however this act was blocked in 1997. There are many issues revolving around this controversial topic but with the right laws and appropriate guidelines euthanasia could become available to those terminally ill patients who so desperately request it.

1.0 Hypothesis

This report will take the view that Euthanasia should be legalised in Queensland under very strict conditions.

2.0 Introduction

Euthanasia is a highly emotive topic that deals with unsettling issues, which people often choose to disregard. The dispute revolving around this topic has resulted in the development of many general and emotive issues, which have caused both societal and political debate.

Many believe that the intentional killing of another person is wrong, despite their unfortunate status of being terminally ill, having endured years of suffering and pain and having completely lost their dignity and pride. Advocates of euthanasia generally insist that this procedure should require informed consent and should only be used in cases of terminal illness that causes unbearable suffering. However, their opposition view voluntary euthanasia as the beginning of compulsory euthanasia or a licence to kill for physicians.

Various religious groups, primarily Christians, object to the impassive idea of legalising euthanasia, as they believe life belongs to God. However, 76% of Australians claim that they want the freedom of choice to manage their own deaths and for this reason Bills, regarding euthanasia, have been introduced in the parliaments of various states within Australia. The everlasting legal and social dispute of introducing euthanasia to Australian states has been accompanied by a number of events, which have become landmarks for both the pro euthanasia movement and their opposing parties.

3.0 Euthanasia (general outline)

Euthanasia comes from two Greek words meaning ‘pleasant death’. It is also commonly referred to as mercy killing and includes accelerating a person’s death for some idea of goodness (). This topic includes three different practices, actively causing death, aiding suicide and not interfering with suicide (). Euthanasia is often divided into two categories, active and passive. Active means taking action that leads to death, such as vigorously causing death, accelerating death or assisting suicide. Passive, however, means not interfering with knowledgeable suicide for example allowing a patient to have the right to die, free of life-extending technology. (Giles, 1989, p.125) Most disagreement between resisting stakeholders involves active euthanasia and the anti-euthanasia belief that when one is experiencing prolonged pain they should reach out and seek the support of a close friend or relative. (Giles.1989, p.130) Those throughout the world who support euthanasia would like people to avoid pointless suffering and give them the right to control their own death. However, Father Anthony Fisher, a Dominican friar and bioethics expert, explains that supporters of pro life believe voluntary euthanasia is ‘not a way of putting granny out of her misery but putting her out of our misery’ ().

4.0 Legislation

Like most countries in the world, euthanasia is not yet legalised in any states in Australia. However, the Northern Territory, South Australia and Western Australia have introduced a number of Bills regarding the controversial topic. The Queensland Criminal Code established in 1899 bans euthanasia in this state. Sections 284, 296 and 311 clearly outline that any act, which aids suicide or leads to the acceleration of death is illegal in Queensland and makes the assistant a criminal. If one is found guilty of this crime they could be liable to imprisonment for life. (Criminal Code Act 1988)

Section 284 of the Criminal Code, Consent to death immaterial, explains that even if an individual has give someone consent to hurry or aid their death, the person who acts is criminally responsible (see Appendix 1) (Criminal Code Act 1988).  Section 296, Acceleration of death, outlines the serious responsibly one is left with after accelerating another’s death (see Appendix 1) (Criminal Code). Finally Section 311, clarifies that any person who procures, counsels or aids another in killing themselves is guilty of a crime, and is liable to imprisonment for life (see Appendix 1) (Criminal Code).

In 1997 the Australian Commonwealth Government stopped the ACT, Northern Territory and Norfolk Island from making laws that permit or have the effect of permitting voluntary euthanasia (). Introducing the Euthanasia Laws Act stopped these states from making their own laws regarding euthanasia (see Appendix 2). This act was introduced to banish the Rights of the Terminally Ill Act, which was launched in the Northern Territory in 1996. () This act allowed the terminally ill to seek voluntary euthanasia by stating, A patient who, in the course of a terminal illness, is experiencing pain, suffering and/or distress to an extent unacceptable to the patient, may request the patient's medical practitioner to assist the patient to terminate the patient's life (Rights of the Terminally Ill Act 1996). The Rights of the Terminally Ill Act of the Northern Territory also outlined the strict guidelines of categorising a patient (see Appendix 3). This act was withdrawn a year after it was introduced in the Northern Territory and records show it was only useful for three terminally ill citizens.

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5.0 Statistics:

Over the years both pro euthanasia and pro-life supporters have compiled a number of different surveys to gain support, calculate statistics and try to come to some resolution about the controversial issues revolving around euthanasia. Doctor Phillip Nitchske, an activist in the Voluntary Euthanasia movement, believes that ‘this new radicalism that is belonging within the voluntary euthanasia movement is a direct consequence of the political suppression of the social movement’ (). For the past thirty years Australian polls have revealed that nearly 80% of Australians want legislation that allows the provision of help to assist a terminally ill ...

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