The term euthanasia comes from the Greek words that mean
literally, a good, or dignified death. It is a conscious
act that leads to the supposedly quick and painless death
of a terminally ill person, with the intention of stopping
his suffering.
The first time that euthanasia was introduced in the
twentieth century was in fascist Germany. According to
information from the Nuremburg trials, from 1939 to 1941,
seventy thousand living people were destroyed, categorized
as "beings deprived of quality of life."Two thirds of the 500,000 people who die every year in the UK want to do so in
the comfort of their own homes, but only one fifth manage to do so. this is because the care
offered to them in their final days, if they are on an National Health Service ward, will
generally be minimal, other than to supply medication and bedpans. Research has shown that two out three people would rather go on their own free will rather suffer at the fate of society's medical systems.In 1974, the "Manifesto of
euthanasia" was published, signed by more than forty
famous people, including Nobel laureates. In it is
written, "We maintain that it is immoral to accept or
impose suffering. We believe in the value and dignity of
the individual, from which proceeds the necessity to allow
him the freedom to rationally decide what to do with his
own life." Euthanasia should be legalized because people have an explicit right to die and because it is possible to regulate euthanasia.
The basic argument for euthanasia based on human rights is that people have an explicit right to die.
"In..cases where there are no dependents who might exert pressure one way or the other, the right of the individual to choose should be paramount. So long as the patient is lucid, and his or her intent is clear beyond doubt, there need be no further questions."(The Independent,2002). According to rights a human being has, the right to life includes, a right to life with a minimum quality and value. People have the right to try and make the events in their lives as good as possible and if the dying process is unpleasant, people have the right to shorten it and thus reduce the unpleasantness. Also the European Suicide Act(1961) made it legal for people to take their own lives.(meaning that you cannot punish someone for succeeding at suicide). Also there is a Libertarian argument that since euthanasia promotes the best interest of everyone involved and violates no one's rights, it is morally acceptable. Gillon(1992) defines autonomy in its most literal sense as being "self rule" or the capacity to think, decide and act on the basis of such thought and decision freely and independently without let or hindrance. Also the legal right to stop or refuse treatment has been recognized as part of the common law right to self-determination since 1914 (Friedman 1986).From this discussion, it is clear that a number of arguments can be made in support of the view that the interests at stake with regard to euthanasia should be recognized as a right. Based on experiences from other cases, human rights will play a vital role in the euthanasia debate. Although the Bill of Rights does not recognize the right to die, it does not appear to preclude active voluntary euthanasia either as long as the required procedural requirements are inserted in any country allowing the person to request assistance to die.
Another reason for the legalization of euthanasia is that it is possible to regulate euthanasia. The Netherlands because the first country in Europe to legalize euthanasia. It was passed by the Lower House of Parliament on Nov 28,2000. The government recognized that the criminal law did not protect the patient, nor did the decriminalization of euthanasia or physician assisted suicide. Euthanasia was legalized only after two national surveys were conducted in 1990 and 1995("Euthanasia legalized in Netherlands,"2002). In a research study carried out in Belgium, findings showed that in countries where there was no system of regulating euthanasia, less attention was given to careful end of life decision-making, putting the vulnerable at risk. It was in consideration of public policy reasons that the Belgian government voted to legalize euthanasia, ensuring that medical practice was properly regulated. In Australia too, euthanasia was legalized as long as certain prerequisites are met. Recent surveys show that there is an increase in support for for voluntary euthanasia(Robinson, 2000). Using the case study of Dr.Adams, at his trial(R. v.Adams,1957),Judge Delvin(former justice of Crown Court) said that the administration of drugs to relieve pain would not amount to legal causation. "The attitude against euthanasia is gradually and slowly eroding in many European countries, and there is a shift toward humanization of law."(Edamaruku, 2000)
Nowadays, in many countries the civilian population is for legalization of euthanasia and politicians in these places are now studying the situation before making changes or reforms. The practice of this mercy killing is quite dependent at the mercy of the general practitioners. Their recommendations and analysis plays a pivotal role in people's treatment choice and what they say may influence patients. Also though the present law lacks sufficient control and monitoring mechanisms in order to ascertain that the request is without flaws, there are methods in place in some countries, like psychological reports, written confirmations and video documentation of the activity that make sure there is no foul play. The debate on this practice from varied perspectives will continue for some time to come. the criminal law, however, will have the highest impact in generating reforms. these reforms will resolve any legal doubt or answer lingering questions on the subject. It is recommended that each country should come up with its own solution to debate and should not try to copy systems that are already in place in other countries.
References :
>Cole J.J. (1989) To kill or to allow to die. Death Studies 13,393-406.
>Fletcher J.( 1960) The patients right to die. Harpera 3,141-142.
>Gillon R. (1992) Philosophical Medical Ethics 4th edn,John Wiley & Sons, Chichester.
>Gomez C.F. (1991) Regulating Death in the case of the Netherlands. The Free Press, New York.
>Harris J. (1994) The value of Life, Routledge, London.
>Abortion and euthanasia are murder too. (1999, May 9).
>American Convention on Human Rights. (1969, November 22). Pact of San Jose, Costa Rica.
>Bassiouni, C. (1992). Crimes against humanity. InM. Cherif (Ed.), (pp. 339-396). International criminal law. Dordrecht, The Netherlands: Martinus Nijhoff.
>Belgium legalizes doctor assisted dying. (2002)
>Curan, J. (1976). The proper and improper concerns of medical lawand ethic. New England Journal of Medicine, 295, 1057.
>European Convention for the Protection of Human Rights and Fundamental Freedom. (1950, November 4). Euthanasia and physical assisted suicide: All sides.
>Kennedy, I. (1976). The legal effect of request by the terminally ill and aged not to receive further treatment from doctors. Criminal Law Review, April, 217-232.
>Universal declaration on human rights. (1948, December). Adopted by the General Assembly resolution 217 A(111).
The basic argument for euthanasia based on human rights is that people have an explicit right to die.
"In..cases where there are no dependents who might exert pressure one way or the other, the right of the individual to choose should be paramount. So long as the patient is lucid, and his or her intent is clear beyond doubt, there need be no further questions."(The Independent,2002). According to rights a human being has, the right to life includes, a right to life with a minimum quality and value. People have the right to try and make the events in their lives as good as possible and if the dying process is unpleasant, people have the right to shorten it and thus reduce the unpleasantness. Also the European Suicide Act(1961) made it legal for people to take their own lives.(meaning that you cannot punish someone for succeeding at suicide). Also there is a Libertarian argument that since euthanasia promotes the best interest of everyone involved and violates no one's rights, it is morally acceptable. Gillon(1992) defines autonomy in its most literal sense as being "self rule" or the capacity to think, decide and act on the basis of such thought and decision freely and independently without let or hindrance. Also the legal right to stop or refuse treatment has been recognized as part of the common law right to self-determination since 1914 (Friedman 1986).From this discussion, it is clear that a number of arguments can be made in support of the view that the interests at stake with regard to euthanasia should be recognized as a right. Based on experiences from other cases, human rights will play a vital role in the euthanasia debate. Although the Bill of Rights does not recognize the right to die, it does not appear to preclude active voluntary euthanasia either as long as the required procedural requirements are inserted in any country allowing the person to request assistance to die.
Another reason for the legalization of euthanasia is that it is possible to regulate euthanasia. The Netherlands because the first country in Europe to legalize euthanasia. It was passed by the Lower House of Parliament on Nov 28,2000. The government recognized that the criminal law did not protect the patient, nor did the decriminalization of euthanasia or physician assisted suicide. Euthanasia was legalized only after two national surveys were conducted in 1990 and 1995("Euthanasia legalized in Netherlands,"2002). In a research study carried out in Belgium, findings showed that in countries where there was no system of regulating euthanasia, less attention was given to careful end of life decision-making, putting the vulnerable at risk. It was in consideration of public policy reasons that the Belgian government voted to legalize euthanasia, ensuring that medical practice was properly regulated. In Australia too, euthanasia was legalized as long as certain prerequisites are met. Recent surveys show that there is an increase in support for for voluntary euthanasia(Robinson, 2000). Using the case study of Dr.Adams, at his trial(R. v.Adams,1957),Judge Delvin(former justice of Crown Court) said that the administration of drugs to relieve pain would not amount to legal causation. "The attitude against euthanasia is gradually and slowly eroding in many European countries, and there is a shift toward humanization of law."(Edamaruku, 2000)
Nowadays, in many countries the civilian population is for legalization of euthanasia and politicians in these places are now studying the situation before making changes or reforms. The practice of this mercy killing is quite dependent at the mercy of the general practitioners. Their recommendations and analysis plays a pivotal role in people's treatment choice and what they say may influence patients. Also though the present law lacks sufficient control and monitoring mechanisms in order to ascertain that the request is without flaws, there are methods in place in some countries, like psychological reports, written confirmations and video documentation of the activity that make sure there is no foul play. The debate on this practice from varied perspectives will continue for some time to come. the criminal law, however, will have the highest impact in generating reforms. these reforms will resolve any legal doubt or answer lingering questions on the subject. It is recommended that each country should come up with its own solution to debate and should not try to copy systems that are already in place in other countries.
References :
>Cole J.J. (1989) To kill or to allow to die. Death Studies 13,393-406.
>Fletcher J.( 1960) The patients right to die. Harpera 3,141-142.
>Gillon R. (1992) Philosophical Medical Ethics 4th edn,John Wiley & Sons, Chichester.
>Gomez C.F. (1991) Regulating Death in the case of the Netherlands. The Free Press, New York.
>Harris J. (1994) The value of Life, Routledge, London.
>Abortion and euthanasia are murder too. (1999, May 9).
>American Convention on Human Rights. (1969, November 22). Pact of San Jose, Costa Rica.
>Bassiouni, C. (1992). Crimes against humanity. InM. Cherif (Ed.), (pp. 339-396). International criminal law. Dordrecht, The Netherlands: Martinus Nijhoff.
>Belgium legalizes doctor assisted dying. (2002)
>Curan, J. (1976). The proper and improper concerns of medical lawand ethic. New England Journal of Medicine, 295, 1057.
>European Convention for the Protection of Human Rights and Fundamental Freedom. (1950, November 4). Euthanasia and physical assisted suicide: All sides.
>Kennedy, I. (1976). The legal effect of request by the terminally ill and aged not to receive further treatment from doctors. Criminal Law Review, April, 217-232.
>Universal declaration on human rights. (1948, December). Adopted by the General Assembly resolution 217 A(111).
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