Terminology of Assisted Dying
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The Right to End-Of-Life Palliative Care and a Dignified Death 1
THE RIGHT TO END-OF-LIFE PALLIATIVE CARE AND A DIGNIFIED DEATH 1 CONTRIBUTION FROM UN-ECLAC FOR THE EXPERT GROUP MEETING ON “CARE AND OLDER PERSONS: LINKS TO DECENT WORK, MIGRATION AND GENDER” 5-7 December 2017 United Nations Headquarters, New York – Secretariat Building, Conference Room S -2725 1. The right to life and dignity in old age The approach of death involves a number of activities, as different practicalities pertaining to the end of life have to be organized. It is essential for these activities —which are carried out by family members, caregivers and medical personnel, among others— to meet standards that ensure appropriate living conditions until such time as clinical and biological death supervenes. Older persons are among the most vulnerable to death. Their position in the age structure of society becomes almost by default a predictor of their demise. This social construction of old age prompts a particular way of treating the elderly: “The social structures in which [older persons] are involved are oriented to the fact of their forthcoming death; their families have become increasingly independent of them; the scope of references to the ‘future’ has progressively narrowed; ‘dying’ is of considerably less consequence for others, e.g., it is not felt to be a matter which requires drastic revision of others’ life plans, as does the ‘fact’ that a young adult is dying” (Sudnow, 1967).2 Older persons are sometimes treated like cadavers even when they are, clinically and biologically, still alive. This occurs especially in cases where they are dying or suffering from terminal illnesses, although they do not necessarily have to be in this predicament to receive degrading treatment. -
End of Life and the European Convention on Human Rights
Factsheet – End of life and the ECHR April 2021 This Factsheet does not bind the Court and is not exhaustive End of life and the European Convention on Human Rights Judgments of the Court Pretty v. the United Kingdom 29 April 2002 (Chamber judgment) The applicant was dying of motor neurone disease, a degenerative disease affecting the muscles for which there is no cure. Given that the final stages of the disease are distressing and undignified, she wished to be able to control how and when she died. Because of her disease, the applicant could not commit suicide alone and wanted her husband to help her. But, although it was not a crime in English law to commit suicide, assisting a suicide was. As the authorities refused her request, the applicant complained that her husband had not been guaranteed freedom from prosecution if he helped her die. The Court held that there had been no violation of Article 2 (right to life) of the Convention, finding that the right to life could not, without a distortion of language, be interpreted as conferring the diametrically opposite right, namely a right to die. The Court also held that there had been no violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention. Even if it could not but be sympathetic to the applicant’s apprehension that without the possibility of ending her life she faced the prospect of a distressing death, nonetheless, the positive obligation on the part of the State which had been invoked would require that the State sanction actions intended to terminate life, an obligation that could not be derived from Article 3. -
Complexity of Nurse Practitioners' Role in Facilitating a Dignified
Journal of Personalized Medicine Article Complexity of Nurse Practitioners’ Role in Facilitating a Dignified Death for Long-Term Care Home Residents during the COVID-19 Pandemic Shirin Vellani 1,2 , Veronique Boscart 1,3, Astrid Escrig-Pinol 1,4 , Alexia Cumal 1,2 , Alexandra Krassikova 1,5 , Souraya Sidani 6, Nancy Zheng 1, Lydia Yeung 1 and Katherine S. McGilton 1,2,* 1 KITE, Toronto Rehabilitation Institute–University Health Network, Toronto, ON M5G 2A2, Canada; [email protected] (S.V.); [email protected] (V.B.); [email protected] (A.E.-P.); [email protected] (A.C.); [email protected] (A.K.); [email protected] (N.Z.); [email protected] (L.Y.) 2 Lawrence S. Bloomberg, Faculty of Nursing, University of Toronto, Toronto, ON M5T 1P8, Canada 3 Canadian Institute for Seniors Care, Conestoga College, Kitchener, ON N2G 4M4, Canada 4 Mar Nursing School, Universitat Pompeu Fabra, 08002 Barcelona, Spain 5 Rehabilitation Sciences Institute, Faculty of Medicine, University of Toronto, Toronto, ON M5G 1V7, Canada 6 Daphne Cockwell School of Nursing, Ryerson University, Toronto, ON M5B 1Z5, Canada; [email protected] * Correspondence: [email protected] Abstract: Due to the interplay of multiple complex and interrelated factors, long-term care (LTC) home residents are increasingly vulnerable to sustaining poor outcomes in crisis situations such as Citation: Vellani, S.; Boscart, V.; the COVID-19 pandemic. While death is considered an unavoidable end for LTC home residents, Escrig-Pinol, A.; Cumal, A.; the importance of facilitating a good death is one of the primary goals of palliative and end-of-life Krassikova, A.; Sidani, S.; Zheng, N.; care. -
Physician-Assisted Suicide and Voluntary Euthanasia: Some Relevant Differences John Deigh
Journal of Criminal Law and Criminology Volume 88 Article 14 Issue 3 Spring Spring 1998 Physician-Assisted Suicide and Voluntary Euthanasia: Some Relevant Differences John Deigh Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation John Deigh, Physician-Assisted Suicide and Voluntary Euthanasia: Some Relevant Differences, 88 J. Crim. L. & Criminology 1155 (Spring 1998) This Criminal Law is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/98/8803-1155 THE JOURNAL OF CRIMINAL LAW& CRIMINOLOGY Vol. 88, No. 3 Copyright 0 1998 by Northwestern University, School of Law Prinfd in U.SA. PHYSICIAN-ASSISTED SUICIDE AND VOLUNTARY EUTHANASIA: SOME RELEVANT DIFFERENCES JOHN DEIGH" Yale Kamisar, in a series of influential articles on physician- assisted suicide and voluntary active euthanasia, has written elo- quently in opposition to legalizing these practices.1 Today he revisits the first of these articles, his seminal 1958 article, Some Non-Religious Views Against Proposed "Mercy-Killing"Legislation. 2 In that paper Professor Kamisar used the distinction between the law on the books and the law in action to quiet concerns about the harsh consequences of a blanket prohibition on mercy kill- ing. A blanket prohibition, after all, if strictly applied, would impose criminal punishment on physicians and relatives whose complicity in bringing about the death of a patient, or loved one was justified by the dying person's desperate condition and lucid wish to die. -
The Constitutional Status of Morals Legislation
Kentucky Law Journal Volume 98 | Issue 1 Article 2 2009 The onsC titutional Status of Morals Legislation John Lawrence Hill Indiana University-Indianapolis Follow this and additional works at: https://uknowledge.uky.edu/klj Part of the Constitutional Law Commons, and the Law and Society Commons Right click to open a feedback form in a new tab to let us know how this document benefits you. Recommended Citation Hill, John Lawrence (2009) "The onC stitutional Status of Morals Legislation," Kentucky Law Journal: Vol. 98 : Iss. 1 , Article 2. Available at: https://uknowledge.uky.edu/klj/vol98/iss1/2 This Article is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky Law Journal by an authorized editor of UKnowledge. For more information, please contact [email protected]. TKenf]iky Law Jornal VOLUME 98 2009-2010 NUMBER I ARTICLES The Constitutional Status of Morals Legislation John Lawrence Hiff TABLE OF CONTENTS INTRODUCTION I. MORALS LEGISLATION AND THE HARM PRINCIPLE A. Some Difficulties with the Concept of "MoralsLegislation" B. The Near Irrelevance of the PhilosophicDebate C. The Concept of "Harm" II. DEFINING THE SCOPE OF THE PRIVACY RIGHT IN THE CONTEXT OF MORALS LEGISLATION III. MORALS LEGISLATION AND THE PROBLEMS OF RATIONAL BASIS REVIEW A. The 'RationalRelation' Test in Context B. The Concept of a Legitimate State Interest IV. MORALITY AS A LEGITIMATE STATE INTEREST: FIVE TYPES OF MORAL PURPOSE A. The Secondary or IndirectPublic Effects of PrivateActivity B. Offensive Conduct C. Preventingthe Corruptionof Moral Character D. ProtectingEssential Values andSocial Institutions E. -
Death and Dying in 20Th Century African American Literature Chayah Amayala Stoneberg-Cooper University of South Carolina - Columbia
University of South Carolina Scholar Commons Theses and Dissertations 1-1-2013 Going Hard, Going Easy, Going Home: Death and Dying in 20th Century African American Literature Chayah Amayala Stoneberg-Cooper University of South Carolina - Columbia Follow this and additional works at: https://scholarcommons.sc.edu/etd Part of the English Language and Literature Commons Recommended Citation Stoneberg-Cooper, C. A.(2013). Going Hard, Going Easy, Going Home: Death and Dying in 20th Century African American Literature. (Doctoral dissertation). Retrieved from https://scholarcommons.sc.edu/etd/2440 This Open Access Dissertation is brought to you by Scholar Commons. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of Scholar Commons. For more information, please contact [email protected]. GOING HARD, GOING EASY, GOING HOME: DEATH AND DYING IN TWENTIETH-CENTURY AFRICAN AMERICAN LITERATURE by Chayah Stoneberg-Cooper Bachelor of Arts University of Oregon, 2001 Master of Arts University of California, San Diego, 2003 Master of Arts New York University, 2005 Master of Social Work University of South Carolina, 2011 Submitted in Partial Fulfillment of the Requirements For the Degree of Doctor of Philosophy in English Literature College of Arts and Sciences University of South Carolina 2013 Accepted by: Qiana Whitted, Major Professor Kwame Dawes, Committee Member Folashade Alao, Committee Member Bobby Donaldson, Committee Member Lacy Ford, Vice Provost and Dean of Graduate Studies © Copyright by Chayah Stoneberg-Cooper, 2013 All Rights Reserved. ii DEDICATION This work is dedicated to my family and friends, often one and the same, both living and dead, whose successes and struggles have made the completion of this work possible. -
Death with Dignity and Assistance: a Critique of the Self-Administration Requirement in California’S End of Life Option Act Amanda M
Chapman Law Review Volume 20 | Issue 2 Article 8 2017 Death with Dignity and Assistance: A Critique of the Self-Administration Requirement in California’s End of Life Option Act Amanda M. Thyden Chapman University, Fowler School of Law Follow this and additional works at: http://digitalcommons.chapman.edu/chapman-law-review Recommended Citation Amanda M. Thyden, Death with Dignity and Assistance: A Critique of the Self-Administration Requirement in California’s End of Life Option Act, 20 Chap. L. Rev. 421 (2017). Available at: http://digitalcommons.chapman.edu/chapman-law-review/vol20/iss2/8 This Article is brought to you for free and open access by the Fowler School of Law at Chapman University Digital Commons. It has been accepted for inclusion in Chapman Law Review by an authorized editor of Chapman University Digital Commons. For more information, please contact [email protected]. CHAPMAN LAW REVIEW Citation: Amanda M. Thyden, Death with Dignity and Assistance: A Critique of the Self-Administration Requirement in California’s End of Life Option Act, 20 CHAP. L. REV. 421 (2017). --For copyright information, please contact [email protected]. CHAPMAN UNIVERSITY | FOWLER SCHOOL OF LAW | ONE UNIVERSITY DRIVE | ORANGE, CALIFORNIA 92866 WWW.CHAPMANLAWREVIEW.COM Do Not Delete 7/11/17 8:07 PM Death with Dignity and Assistance: A Critique of the Self-Administration Requirement in California’s End of Life Option Act Amanda M. Thyden* In 2015, California passed the End of Life Option Act (“ELOA”).1 This Act enables Californians to end their lives if they have less than six months to live, are not clinically depressed, and are able to self-administer a life-ending prescription.2 This Note will specifically address the self-administration requirement of California’s ELOA and explain how it unreasonably limits the options for Californians approaching the inevitable end of their lives. -
Attitude of Doctors Toward Euthanasia in Delhi, India
Published online: 2019-04-05 Original Article AAttitudettitude ooff ddoctorsoctors ttowardoward eeuthanasiauthanasia iinn DDelhi,elhi, IIndiandia ABSTRACT Introduction: Deliberation over euthanasia has been enduring for an extended period of time. On one end, there are populaces talking for the sacrosanctity of life and on the other end, there are those, who promote individual independence. All over the world professionals from different areas have already spent mammoth period over the subject. A large number of cases around the world have explored the boundaries of current legal distinctions, drawn between legitimate and nonlegitimate instances of ending the life. The term euthanasia was derived from the Greek words “eu” and “thanatos” which means “good death” or “easy death.” It is also known as mercy killing. Euthanasia literally means putting a person to painless death especially in case of incurable suffering or when life becomes purposeless as a result of mental or physical handicap. Objective: To study the attitude of doctors toward euthanasia in Delhi. Methodology: It was a questionnaire based descriptive cross-sectional study carried out between July 2014 and December 2014. The study population included Doctors from 28 hospitals in Delhi both public and private. Equal numbers of doctors from four specialties were included in this study (50 oncologists, 50 hematologists, 50 psychiatrists, and 50 intensivists). Demographic questionnaire, as well as the Euthanasia Attitude Scale (EAS), a 30 items Likert-scale questionnaire developed by (Holloway, Hayslip and Murdock, 1995) was used to measure attitude toward Euthanasia. The scale uses both positively (16 items) and negatively (14 items) worded statements to control the effect of acquiescence. -
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. -
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. -
Criteria for Physician Assisted Suicide and Politically, Because It Raises Many Issues
Dilemmas of Physician Assisted Suicide An International Perspective Joy Chang Finance, Real Estate, & Law Philosophy Mentor: Dr. David Adams Kellogg Honors College Capstone Project Abstract Switzerland Netherland The topic of the permissibility of physician assisted suicide PAS: Legal since Jan. 1, 1942 PAS: Legal since Feb. 19, 2008 (PAS) has always been a highly debated topic, socially, morally, “Whoever, from selfish motives , induces Criteria for Physician Assisted Suicide and politically, because it raises many issues. These include the another to commit suicide or assists him therein Unbearable Suffering shall be punished, if the suicide was successful sanctity of life and the goals of medicine. Some worry that Both the suffering and the desire to die were or attempted, by confinement in a penitentiary enduring legalizing physician assisted suicide will desensitize physicians for not more than five years or by The decision to die was voluntary to human suffering and lead down a slippery slope to killing of imprisonment.” The person was award and had considered the ill, weak, and disabled, among others. Source: Article 115 of the Penal Code of Switzerland. valuable alternatives Legally, physician assisted suicide is currently allowed in five No alternative to improve the situation were states: Oregon, Montana, Washington, New Mexico, and available The person’s death did not cause unnecessary Vermont. Assisted suicide has been legalized in the Netherlands suffering to others and in Switzerland. Since Oregon was the first state where PAS was legalized, I will discuss Oregon’s requirement for PAS and compare it with the current standard of assisted suicide in other countries. -
On the Relationship Between Suicide-Prevention and Suicide-Advocacy Groups
Letter to the Editor On the Relationship Between Suicide-Prevention and Suicide-Advocacy Groups Margaret Pabst Battin Uniuersity of Utah Largely in response to contemporary medicine's advancing technological capacities to extend the process of dying to extraordinary lengths. recent years have seen the emergence of numerous advocacy groups concerned with what is often called "death with dignity." For instance. the New York-based group. Concern for Dying, distributes the Living Will as a means for individuals to secure their right to refuse unwanted, life-prolonging medical treatment. Another New York group, the Society for the Right to Die, lobbies for passage of "natural death" legislation, and has seen passage of Natural Death Acts in California and ten other U.S. states, and legislative consideration of similar bills in another twenty-seven. The Los Angeles-area group, Hemlock, led by a British writer who helped his cancer-striken wife drink a lethal potion, argues for societal recognition of assisted suicide as an option in terminal illness. Britain's Voluntary Euthanasia Society, once renamed EXIT: The Society for the Right to Die with Dignity, has published and distributed to its members a booklet of suicide methods for use by terminally ill persons; a similar book has become commercially available in France. Nor are such groups a local phenomenon; they are emerging world-wide. Although their views range from quite conservative insistence on passive refusal of treatment to radical suicide-advocacy, there are new voluntary euthanasia societies in Australia, Norway, Sweden, Japan, Denmark, New Zealand, South Africa, Holland, Germany, France, Colombia, Zimbabwe, Canada, India, and Switzerland.