DOCSLIB.ORG

Euthanasia and Law in the Netherlands

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Euthanasia and Law in the Netherlands EUTHANASIA AND LAW IN THE NETHERLANDS EUTHANASIA AND LAW IN THE NETHERLANDS John Griffiths AlexBood Heleen Weyers Amsterdam University Press Cover design: In Petto / Stephanie de Witte, Amsterdam Typesetting: MAGENTA, Amsterdam ISBN 90 5356 275 3 © Amsterdam University Press,Amsterdam, 1998 All rights reserved. Without limiting the rights under copyright reserved above, no part of this book may be reproduced, stored in or introduced into a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, or otherwise), without the written permission of both the copyright owner and the authors ofthis book. Contents EXTE:-.JDED TABLE OF CO~TENTS IX UST OF FIGURES AND TABLES XVII ACKKOWLEDGL\1E:-.J1S I GLOSSARY 3 PROLOGUE: THE NETHERLANDS AND THE DUTCH 9 CHAPTER 1: INTRODL:CTIO:--J 15 1.1 What this book is about and for whom it is intended 15 1.2 The definition of'euthanasia' and of other 'medical behavior that shortens life' (MBSL) 17 1.3 A sketch of the current legal situation 18 lA Criticisms from abroad and the Dutch reaction 20 INIERI\1EZZO: THE DUTCH HEALTH CARE SYSTEM AND THE CARE OF TilE TER.'vIlNALLY ILL 31 A. The Dutch health-care system 31 B. Institutions for health care and care of the elderly 33 C. Health-care professionals 35 CHAPTER 2: LEGAL CHANGE 1945-1997 43 2.1 1945-1970: How room for public debate became available 44 2.2 1970-1982: The early stages of public debate 50 2.3 1982-1986: The breakthrough 61 2.3.1 The justification of necessity and the 'requirements of careful practice' 61 2.3.2 The definition of euthanasia and initial proposals for legislation 68 2.4 1986-1997: Efforts to codify emerging practice in legislation; broadening the subject of debate 73 2.5 Concluding remarks on the process of legal change 86 CHAPTER 3: THE CURRENT LEGAL SITUATIO:-J 89 3.1 A summary of current law concerning medical bchavior that shortens life 91 3.1.1 'Normal medical practice', the 'medical exception' and a 'natural death' 91 3.1.2 The concept 'medical behavior that shortens life' (MBSL) 92 3.1.3 Euthanasia 98 3.1.4 Euthanasia versus assistance with suicide III VI 3.2 The reporting procedure 114 3.3 The CAL and NVK reports: law in statu nascendi 118 3.3.1 The legitimacy of decisions to shorten life in the absence ofa competent request 119 3.3.2 Severely defective newborn babies (and late abortion) 123 3.3.3 Coma (PVS) patients 127 3.3.4 'Help in dying' 131 3.3.5 Assessment of the approach of the CAL and NVK reports 133 3.4 The demented elderly 134 3.5 Euthanasia in the absence of somatic suffering 139 3.5.1 Persons whose suffering is due to a psychiatric disorder 141 3.5.2 The legal horizon: assistance with suicide by the 11011- 'sick' and the nOI1-'suffering' 152 3.6 Conclusion 154 CHAPTER 4: THE TERMS Of DEBATE SINCE 1982 157 4.1 Distinguishing euthanasia from other MBSL 157 4.1.1 Killing versus letting die 158 4.1.2 Intentionally shortening life 162 4.1.3 Conclusion 166 4.2 The most important arguments since 1982 167 4.2.1 The principle of autonomy 168 4.2.2 The principle of beneficence 172 4.2.3 The principle of the sanctity of life 174 4.2.4 The slippery-slope argument 177 4.2.5 Control arguments 180 4.3 A fundamental difference of opinion? 182 4.3.1 The nature of a question of legal policy 182 4.3.2 A quest for common ground 184 4.3.3 The appeal to tolerance 186 4.3.4 Respect for life 189 4.3.5 Conclusion 195 CHAPTER 5: WHAT IS KNOWN ABOUT MEDICAL PRACTICE AND ITS REGUl.ATION? 197 5.1 Public opinion concerning euthanasia and other MBSL 198 5.2 The first national survey: euthanasia by GPs and nursing-home doctors 202 5.3 Two major national surveys ofMBSL 207 5.3. I Euthanasia and other M13SL: frequencies, circumstances and characteristics 210 5.3.2 Termination of life without an explicit request 226 5.3.3 Severely defective newborn babies (and late abortion) 229 5.3.4 Psychiatric patients and patients with a psychiatric disorder 233 5.3.5 The control system and its operation in practice 236 vu 5.4 Other recent research 246 5.4.1 Communication between doctor and patient 246 5.4.2 The euthanasia policy ofhospitals and nursing homes 248 5.4.3 The role of pharmacists 251 5.4.4 Institutionalized, mentally handicapped patients 252 5.5 Summary and conclusions 252 CHAPTER 6: EUTHA:-JAS1A AND OTHER MEDICAL BEHAVIOR THAT SHORTENS LIFE AS A PROBLEM OF REGULATION 259 6.1 Criteria for a control system 259 6. I. I What are the objectives of legal control? 260 6.1.2 What should we expect of a regulatory regime? 264 6.2 Criminal law is the problem, not the solution 267 6.2.1 The regulatory situation recapitulated 268 6.2.2 The intrinsic unsuitability of criminal law 269 6.2.3 The impossibility of enforcing criminal prohibitions 274 6.2.4 Control in the context ofcriminal enforcement offers the doctor insufficient legal security 276 6.2.5 Can tinkering with the reporting procedure improve the effectiveness of criminal enforcement? 278 6.2.6 Would 'legalizing' euthanasia help? 282 6.2.7 A final verdict on criminal enforcement of legal requirements concerning MBSL 284 6.3 Decriminalization and the prospects of non-criminal enforcement 284 6.3.1 Legalization, decriminalization, and the 'medical exception' 285 6.3.2 A system of decriminalized enforcement 288 6.3.3 A uniform regulatory regime for all MBSL? 296 6.4 Conclusion 298 CHAPTER 7: TWO RFFLECTlOKS OK THE SIGNIHCA:-JCE OF THE DUTCH EXPERIENCE 299 7.1 Whither leads the slippery slope? 299 7.2 Is euthanasia law exportable? 304 APPENDIX I: SOl\1E RELEVANT LEGAL DOCUMENTS 307 A. Articles 40, 228(1),255,287,289,293,294 and 307 of the Criminal Code 307 B. The amendment to the Lawon the Disposal of Corpses and the Order in Council pursuant to the law 308 C. Some legislative proposals 314 1 The proposal ofthe State Commission on Euthanasia (1985) 314 2 The proposal of Wessel-Tuinstra (1984-1986) 316 3 The proposal of the Dutch Association for Voluntary Euthanasia (1996) 318 VIII APPE:-JDIX 1I: THREE LEADING CASES 321 1 Schoonheim (Supreme Court 1984) 322 2 Chabot (Supreme Court 1994) 329 3 Kadijk (Court ofAppeals, Leeuwarden, 1996) 341 LITERATURE 353 INDEX 377 Extended Table ofContents LIST OF FIGtJRES AND TABLES XVII ACKNOWLEDGEMENTS 1 GLOSSARY 3 PROLOGUE: THE NETHERLANDS AND TilE DUTCH 9 CHAPTER I: INTRODUCTION 15 1.1 What this book is about and for whom it is intended 15 1.2 The definition of'euthanasia' and of other 'medical behavior that shortens life' (MBSL) 17 1.3 A sketch of the current legal situation 18 1.4 Critici.sms from abroad and the Dutch reaction 20 INTERMEZZO: THE DUTCH HEALTH CARE SYSTEM AND THE CARE OF THE TERMINALLY ILL 31 A The Dutch health-care system 31 Public health 31 Access to health care 31 The costof health care 32 The organization ofhealthcare 32 B Institutions for health care and care of the elderly 33 Hospitals 33 Nursing homes (verpleeghuizen) 34 Residential homes (verzorgingshuizen) 34 Where dopeople die? 35 C Health-care professionals 35 Doctors 36 GeneralPractitionersthuisartsen) 37 Specialists 38 Nursing-home doctors 38 Nurses 38 Pharmacists 39 Coroners 39 The Medical InspectoratearidMedical Disciplinary Law 40 x CHAPTER 2: LEGAL CHANGE 1945-1997 43 2.1 1945-1970: How room for public debate became available 44 Introduction 44 The legalization ofabortion 45 Changes in medicalpractice in the 19605 46 The case ofMia Versluis: before terminating life-support a doctor must consult other doctors and informthepatient's family 47 The formulation ofnew ideas on the doctor-patient relationship 48 To sum up 49 2.2 1970-1982: The early stages of public debate 50 Introduction 50 Thefirstadvisory reports on euthanasia 50 The Postmacaseand othercases involvingviolation ofarticles 293 and 294 51 The report ofthe Medical Association of1975 54 A case ofindireet euthanasia' 54 The positions taken byvarious organizations 55 Doctors and euthanasia 56 Attention for assistance with suicide 57 The Wertheim case and prosecutorial policy 58 To sum up 60 2.3 1982-1986:The breakthrough 61 2.3.1 The justification of necessityand the 'requirements of careful practice' 61 Legal doctrines available for legitimizingeuthanasia 61 The Schoonheim case: euthanasiacan bejustifiable 62 The Pols case: euthanasiadoesnot fall within the 'medicalexception' 63 The reportof theMedicalAssociation of 1984: formulation of the 'requirements of careful practice' 65 TheAdmiraal case: a doctorwho met the 'requirements of careful practice' will be acquitted 66 2.3.2 The definition of euthanasia and initial proposals for legislation 68 Introduction 68 The HealthCouncilreport of 1982 68 The Wessel- Tuinstra bill 69 The StateCommission on Euthanasia 69 Euthanasia isnot a 'natural'causeof death 72 To sum up 73 2.4 1986-1997:Efforts to codify emerging practice in legislation; broadening the subject of debate 73 Introduction 73 Political responses to the report of the StateCommission 74 The reaction of the DutchAssociation for Voluntary Euthanasia 76 Prelude toa nationalstudy of MBSL 76 XI The Stinissen case:artificialfeeding is medical treatment 77 The report ofthe Remmelink Commission and the Government's reaction 78 The legislation of1993 79 The Chabot case:assistance with suicide in cases ofnon-somatic suffering 80 Reports on problematic categories ofMBSL 82 The Prins and Kadijk cases:termination oflife without an explicit request in the case ofseverely defective newborn babies 83 A second national study ofMBSL 84 Tosum up 85 2.5 Concluding remarks on the process of legal change 86 CHAPTER 3: THE CURRENT LEGAL SITUATlO!\' 89 3.1 A summary of current law
Load more

Recommended publications
  • A History of the Law of Assisted Dying in the United States
    SMU Law Review Volume 73 Issue 1 Article 8 2020 A History of the Law of Assisted Dying in the United States Alan Meisel University of Pittsburgh, [email protected] Follow this and additional works at: https://scholar.smu.edu/smulr Part of the Health Law and Policy Commons, Jurisprudence Commons, and the Legal History Commons Recommended Citation Alan Meisel, A History of the Law of Assisted Dying in the United States, 73 SMU L. REV. 119 (2020) https://scholar.smu.edu/smulr/vol73/iss1/8 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. A HISTORY OF THE LAW O F ASSISTED DYING IN THE UNITED STATES Alan Meisel* TABLE OF CONTENTS I. INTRODUCTION ........................................ 120 II. TERMINOLOGY ........................................ 120 III. HISTORY OF THE LAW OF CRIMINAL HOMICIDE . 123 A. THE LAW S O F SUICIDE AND ATTEMPTED SUICIDE ..... 124 B. THE LAW O F ASSISTED SUICIDE ....................... 125 IV. THE MODERN AMERICAN LAWS OF HOMICIDE, SUICIDE, ATTEMPTED SUICIDE, AND ASSISTED SUICIDE ................................................. 125 V. EUTHANASIA AND ASSISTED SUICIDE FOR THE TERMINALLY ILL ...................................... 127 A. NINETEENTH AND EARLY TWENTIETH CENTURY ...... 127 B. THE RENEWAL OF THE DEBATE, POST-WORLD WAR II ............................................... 129 C. THE EFFECT OF MEDICAL TECHNOLOGY AND THE “RIGHT TO DIE” ...................................... 130 D. THE “RIGHT TO DIE” AS A TRANSITIONAL STAGE TO ACTIVELY HASTENING DEATH ........................ 132 VI. THE GULF BETWEEN THEORY AND PRACTICE . 135 A. PROSECUTION OF LAY PEOPLE .......................
    [Show full text]
  • Euthanasia: a Review on Worldwide Legal Status and Public Opinion
    Euthanasia: a review on worldwide legal status and public opinion a b Garima Jain∗ , Sanjeev P. Sahni∗ aJindal Institute of Behavioural Sciences, O.P. Jindal Global University, India bJindal Institute of Behavioural Sciences, O.P. Jindal Global University, India Abstract The moral and ethical justifiability of euthanasia has been a highly contentious issue. It is a complex concept that has been highly discussed by scholars all around the world for decades. Debates concerning euthanasia have become more frequent during the past two decades. The fact that polls show strong public support has been used in legislative debates to justify that euthanasia should be legalised. However, critics have questioned the validity of these polls. Nonetheless, the general perceptions about life are shifting from a ‘quantity of life’ to a ‘quality of life approach’, and from a paternalist approach to that of the patient’s autonomy. A ‘good death’ is now being connected to choice and control over the time, manner and place of death. All these developments have shaped discussion regarding rights of the terminally ill to refuse or discontinue life- sustaining efforts or to even ask for actively ending their life. Key words: euthanasia, ethics, public opinion, law. 1. Background The moral and ethical justifiability of euthanasia has been a highly contentious issue. It is a complex concept that has been highly discussed by scholars all around the world for decades. One of the earliest definitions of euthanasia, by Kohl and Kurtz, states it as “a mode or act of inducing or permitting death painlessly as a relief from suffering” (Beauchamp & Davidson, 1979: 295).
    [Show full text]
  • Factors Influencing Individuals Attitudes Toward Voluntary Active
    AN ABSTRACT OF THE THESIS OF Donna A Champeau for the degree of Doctor of Philosophy in Public Health presented on November 23, 1994. Title: Factors Influencing Individual Attitudes Toward Voluntary Active Euthanasia and Physician Assisted Suicide. Redacted for privacy Abstract approved: Rebecca J. Donate lle Issues of right to life, as well as death have surfaced as topics of hot debate. In particular, questions about when and if individuals have the right to end their own lives have emerged and gained considerable attention as health policy issues having the potential to affect all Americans.. The purpose of this study was to identify the factors that are most likely to influence an individual's decision to support or not support voluntary active euthanasia (VAE) and physician assisted suicide (PAS) in specific medical situations. This study also examined the differences in medical vignettes by various demographic and attitudinal factors. Data were collected from a sample of classified staff members at two institutions of higher learning in Oregon. A survey was used to collect all data. Paired sample T- tests, stepwise multiple regression analysis and repeated measures multiple analysis of variance (MANOVA) were used to analyze the data. Based on survey results, there were significant differences in attitudes toward PAS and VAE for each medical vignette. Religious beliefs, fear of dependency, and fear of death were the most powerful predictors of individual support for PAS in each medical situation. In the case of VAE, there were differences in support on each medical situation in terms of the most powerful predictors: fear of dependency and religious beliefs for the cancer vignette, fear of dependency, religious beliefs, and age for the ALS vignette, and religious beliefs and fear of dependency for the paralysis vignette.
    [Show full text]
  • Life and Learning Xix
    LIFE AND LEARNING XIX PROCEEDINGS OF THE NINETEENTH UNIVERSITY FACULTY FOR LIFE CONFERENCE at THE UNIVERSITY OF ST. THOMAS SCHOOL OF LAW MINNEAPOLIS, MINNESOTA 2009 edited by Joseph W. Koterski, S.J. KOTERSKI LIFE AND LEARNING XIX UFL University Faculty for Life University Faculty for Life was founded in 1989 to promote research, dialogue, and publication among faculty members who respect the value of human life from its inception to natural death, and to provide academic support for the pro-life position. Respect for life is especially endangered by the current cultural forces seeking to legitimize such practices as abortion, infanticide, euthanasia, and physician-assisted suicide. These topics are controversial, but we believe that they are too important to be resolved by the shouting, the news-bites, and the slogans that often dominate popular presentation of these issues. Because we believe that the evidence is on our side, we would like to assure a hearing for these views in the academic community. The issues of abortion, infanticide, and euthanasia have many dimensions–political, social, legal, medical, biological, psychological, ethical, and religious. Accordingly, we hope to promote an inter-disciplinary forum in which such issues can be discussed among scholars. We believe that by talking with one another we may better understand the values we share and become better informed in our expression and defense of them. We are distressed that the media often portray those favoring the value of human life as mindless zealots acting out of sectarian bias. We hope that our presence will change that image. We also believe that academicians united on these issues can encourage others to speak out for human life in their own schools and communities.
    [Show full text]
  • Thesis Final
    In Pursuit of a Good Death: Responding to Changing Sensibilities in the Context of the Right to Die Debate A thesis submitted in fulfilment of the requirements for the degree of Doctor of Juridical Studies at the University of Sydney VICTORIA HILEY The Faculty of Law University of Sydney January 2008 ABSTRACT This thesis challenges a number of claims that are made in the context of the euthanasia debate: that there is only one version of the good death; that rights discourse is the most appropriate vehicle by which to secure legal recognition of a right to die; that the Netherlands is either a model for reform or the epitome of a slippery slope in its regulation of euthanasia; and that a key argument in the euthanasia debate, the sanctity of life doctrine, is a fixed, immutable concept. In this thesis I use process sociology, developed by Norbert Elias, in order to capture changing sensibilities toward death and dying in the common law jurisdictions (Australia, England, the United States of America, Canada and New Zealand) and in the Netherlands. At the same time I analyse changing attitudes among key groups whose work impacts upon the euthanasia debate namely, parliamentarians, law reform bodies, the judiciary and medical associations. My aim in adopting this approach is threefold. First of all, to examine evolving attitudes to death and dying in order to determine whether the institutions of law and medicine are responding in an adequate manner to changing sensibilities in the common law countries and in the Netherlands. Secondly, to highlight shifting balances of power within the euthanasia debate.
    [Show full text]
  • Submission to Inquiry Into Voluntary Assisted Dying
    Submission to Inquiry into Voluntary Assisted Dying Joint Committee | South Australia | August 2019 This is page is left blank intentionally to allow for double-sided printing 2 “Palliative care services are not offering what a percentage of their patients desperately need. Palliative care has become a mantra chanted by … politicians and religious organisations opposing euthanasia.” − Clive Deverall, founder of Palliative Care WA “While pain and other symptoms can be helped, complete relief of suffering is not always possible, even with optimal palliative care.” – Palliative Care Australia “It is not the role of any health care team to suggest its ministrations can give meaning, purpose and dignity to a dying person’s remaining life if that person feels that these are irretrievably lost … palliative care is a model of care, not a moral crusade.” − Professor Michael Ashby, Director, Palliative Care, Tasmanian Health Service 3 This is page is left blank intentionally to allow for double-sided printing 4 What’s in this Submission INTRODUCTION Page 7 PART A What The Evidence Shows Page 9 The need for Voluntary Assisted Dying laws in Australia PART B Assisted Dying In South Australia Today Page 15 An incoherent, largely unregulated, and inequitable legal situation PART C Beyond Pain Page 31 Why more resources for palliative care alone will not address the need for Voluntary Assisted Dying PART D Responding To Key Arguments Against VAD Page 59 PART E Fear. Uncertainty. Doubt. Page 81 Tactics used to create an alarmist picture of assisted dying PART F Propaganda Case Studies Part 1. Fatal Flaws Page 105 Part 2.
    [Show full text]
  • Title 35 Public Health and Safety
    TITLE 35 - PUBLIC HEALTH AND SAFETY CHAPTER 1 - ADMINISTRATION ARTICLE 1 - IN GENERAL 35-1-101. Local contributions; disposition. All monies paid to the state treasurer representing contributions by city councils, county commissioners, trustees of school districts, or other public agencies, for public health purposes, shall be set up and designated on the books of the state treasurer in a separate account, and shall be expended and disbursed upon warrants drawn by the state auditor against said account when the vouchers therefor have been approved by the department of health. 35-1-102. Sanitation of public institutions. It shall be the duty of the officers, managers, superintendents, proprietors and lessees of all hospitals, asylums, infirmaries, prisons, jails, schools, theaters, public places and public institutions to remedy any and all defects relating to the unsanitary condition of such institution, or institutions, as may be under their control, when such defects shall have been called to their attention in writing by the department of health. 35-1-103. Neglect or failure of officials to perform duty. Any member of the department of health, any county health officer, or any officer, superintendent, or principal of any city, town, county or institution named in this act, who shall fail or neglect to perform any of the duties herein required of them, shall be guilty of a misdemeanor and upon conviction thereof shall be fined in the sum of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00), or shall be confined in the county jail for a period of not less than six (6) months, nor more than a year, or both.
    [Show full text]
  • Letter Bill 0..70
    HB2534 *LRB10008419RLC18533b* 100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB2534 by Rep. Avery Bourne SYNOPSIS AS INTRODUCED: 720 ILCS 570/102 from Ch. 56 1/2, par. 1102 720 ILCS 570/204 from Ch. 56 1/2, par. 1204 720 ILCS 570/401 from Ch. 56 1/2, par. 1401 720 ILCS 570/402 from Ch. 56 1/2, par. 1402 Amends the Illinois Controlled Substances Act. Requires that to be illegal a drug analog must not be approved by the United States Food and Drug Administration or, if approved, it is not dispensed or possessed in accordance with State and federal law. Defines "controlled substance" to include a synthetic drug enumerated as a scheduled drug under the Act. Adds chemical structural classes of synthetic cannabinoids and piperazines to the list of Schedule I controlled substances. Includes certain substances approved by the FDA which are not dispensed or possessed in accordance with State or federal law and certain modified substances. LRB100 08419 RLC 18533 b CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY A BILL FOR HB2534 LRB100 08419 RLC 18533 b 1 AN ACT concerning criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Controlled Substances Act is 5 amended by changing Sections 102, 204, 401, and 402 as follows: 6 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) 7 Sec. 102. Definitions. As used in this Act, unless the 8 context otherwise requires: 9 (a) "Addict" means any person who habitually uses any drug, 10 chemical, substance or dangerous drug other than alcohol so as 11 to endanger the public morals, health, safety or welfare or who 12 is so far addicted to the use of a dangerous drug or controlled 13 substance other than alcohol as to have lost the power of self 14 control with reference to his or her addiction.
    [Show full text]
  • Pereira's Attack on Legalizing Euthanasia Or Assisted Suicide
    Curr Oncol, Vol. 19, pp. 133-138; doi: http://dx.doi.org/10.3747/co.19.1063 SPECIALA RESPONSE TO JOSE PEREIRA ARTICLE Pereira’s attack on legalizing euthanasia or assisted suicide: smoke and mirrors † J. Downie SJD,* K. Chambaere PhD, ‡ and J.L. Bernheim MD PhD ABSTRACT 1. INTRODUCTION Objective In a paper published in Current Oncology, Univer- sity of Ottawa palliative care physician Jose Pereira To review the empirical claims made in: Pereira J. Le- states that the “laws and safeguards [in countries galizing euthanasia or assisted suicide: the illusion of in which euthanasia or assisted suicide have been safeguards and controls. Curr Oncol 2011;18:e38–45. legalized] are regularly ignored and transgressed in all the jurisdictions and that transgressions are not Design prosecuted” 1. He purports to demonstrate that the safeguards and controls put in place in the permissive We collected all of the empirical claims made by Jose jurisdictions are an “illusion” 1. Pereira in “Legalizing euthanasia or assisted suicide: the What is startling about the Pereira paper is not illusion of safeguards and controls.” We then collected the anti-assisted dying position taken nor the conclu- all reference sources provided for those claims. We sions asserted. The academic literature is replete with compared the claims with the sources (where sources papers arguing for, and other papers arguing against, were provided) and evaluated the level of support, if any, legalization. Rather, what is startling about the paper the sources provide for the claims. We also reviewed is that it was written by an individual identified as an other available literature to assess the veracity of the academic and published in a peer-reviewed journal, empirical claims made in the paper.
    [Show full text]
  • Current Issues in Suicide Prevention
    CURRENT ISSUES IN SUICIDE PREVENTION INTRODUCTION: THE REFORM OF MENTAL HEALTH To establish a context for consideration of current issues, it is important to recognise that current national mental health policy directions are changing and being reformed. The changes reflect a shift in philosophy and practice from the institutionalisation of people with mental health problems, towards a wider base of community understanding, responsibility and care. This shift can be represented in the following way: Institutional Post Institutional Hospital Community Segregation Integration Diagnosis Needs assessment Clinical leadership Consumer sovereignty Disciplines Partnerships Compliance Rights/relationships Custody Emancipation Chronicity/despair Recovery/hope Passive patient Informed consumer Hidden Recognised/supported There are necessarily complex practical and philosophical issues involved in such a directional shift. These include questions about discipline, boundaries and allegiances, competing values, the multiplicity of perceptions and interpretations, diversity of service types and number of agencies involved, ambiguity or absence of evidence, and hierarchical structures representing historical arrangements. In addition, successfully achieving reform in the ways outlined above is a costly and long term commitment – whereas the current system is predicated on concepts of brief intervention (adapted from Durrington, 2005). This paper addresses some contemporary suicide prevention issues, several of which have recently been the subject of intense public interest and media scrutiny. While there are a number of factors (such as mental health problems, social isolation and marginalisation) that are relatively constant in their impact upon suicide risk, there are other factors which are only now starting to make themselves known. The research evidence about many of these issues is inconclusive and in some instances highly contested.
    [Show full text]
  • 'Bath Salts' Constituents MDPV, Mephedrone, and Methylone Serena Allen East Tennessee State University
    East Tennessee State University Digital Commons @ East Tennessee State University Electronic Theses and Dissertations Student Works 5-2018 The ombinedC Neuropharmacology and Toxicology of Major 'Bath Salts' Constituents MDPV, Mephedrone, and Methylone Serena Allen East Tennessee State University Follow this and additional works at: https://dc.etsu.edu/etd Part of the Medicinal Chemistry and Pharmaceutics Commons, Neuroscience and Neurobiology Commons, Pharmacology Commons, Pharmacy and Pharmaceutical Sciences Commons, and the Toxicology Commons Recommended Citation Allen, Serena, "The ombC ined Neuropharmacology and Toxicology of Major 'Bath Salts' Constituents MDPV, Mephedrone, and Methylone" (2018). Electronic Theses and Dissertations. Paper 3431. https://dc.etsu.edu/etd/3431 This Dissertation - Open Access is brought to you for free and open access by the Student Works at Digital Commons @ East Tennessee State University. It has been accepted for inclusion in Electronic Theses and Dissertations by an authorized administrator of Digital Commons @ East Tennessee State University. For more information, please contact [email protected]. The Combined Neuropharmacology and Toxicology of Major ‘Bath Salts’ Constituents MDPV, Mephedrone, and Methylone A dissertation presented to the faculty of the Department of Biomedical Sciences East Tennessee State University In partial fulfillment of the requirements for the degree Doctor of Philosophy in Biomedical Sciences, Pharmaceutical Science Concentration by Serena A. Allen May 2018 Dr. Brooks Pond,
    [Show full text]
  • NEW YORK INTERNATIONAL LAW REVIEW Winter 2003 Vol
    NEW YORK INTERNATIONAL LAW REVIEW Winter 2003 Vol. 16, No. 1 Articles Euthanasia and Physician-Assisted Suicide in the Democratic World: A Legal Overview Raphael Cohen-Almagor ...................................................................................1 Comparison of the Dispute Settlement Procedures of the World Trade Organization for Trade Disputes and the Inter-American System for Human Rights Violations Susan H. Shin...................................................................................................43 The Modern Concept of Sovereignty, Statehood and Recognition: A Case Study of Taiwan Eric Ting-Lun Huang.......................................................................................97 Recent Decisions Edelman v. Taittinger.....................................................................................189 28 U.S.C. § 1782(a) allows interested persons to obtain a subpoena from a district court to aid discovery in for- eign litigation, compelling the deposition of a foreign national who is “found” in the district in which the court sits, although he lives and works abroad. Aguinda v. Texaco, Inc...................................................................................197 The United States Court of Appeals for the Second Circuit affirmed the District Court’s dismissal of Ecuadorian and Peruvian plaintiffs' environmental contamination suit against a United States corporation then headquar- tered in New York for forum non conveniens, but modified its ruling to extend additional time to plaintiffs
    [Show full text]