Cultural Issues in Death and 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. -
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. -
EUTHANASIA and RELIGION the Advance of Technologies to Prolong Life and Control Dying Can Raise Agonizing Moral Dilemmas
Article 32 EUTHANASIA AND RELIGION The advance of technologies to prolong life and control dying can raise agonizing moral dilemmas. What guidance is offered by the great world religions? Courtney S. Campbell In “The Parable of the Mustard Seed”, the Buddha choices, religious traditions and values can offer guid- teaches a lesson that is valid for all cultures: human be- ance and insight, if not solutions. ings receive no exemption from mortality. Deep in the Historically, religious communities have sought to ap- throes of grief after the death of her son, a woman seeks propriate death within the life cycle through rituals of re- wisdom from the Buddha, who says that he does indeed membrance, and religious teachings have emphasized have an answer to her queries. Before giving it, however, that death brings meaning to mortality. The process of he insists that she must first collect a grain of mustard dying is often portrayed as an invitation to spiritual in- seed from every house that has not been touched by sight and a key moment in the cultivation of spiritual death. She canvasses her entire community, but fails to identity. collect a single seed. Returning to the Buddha, she un- derstands that, like all other living beings, we are des- tined to die. Judaism, Christianity and Islam Death is a defining characteristic of human experience. Yet, while the event of death remains elusively beyond basically address ethical issues human control, the process of dying has increasingly concerning the end of life from a been brought into the domain of medicine and life- extending technologies. -
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. -
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. -
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. -
SUBJECT: Euthanasia
Public Shelter Protocol Ver 1.0 Effective Date: 6/27/2012 SUBJECT: Euthanasia POLICY: Euthanasia is reserved only for situations involving animals that cannot be safely handled – either because of aggression or contagious disease, or in situations where the animal is suffering and a reasonable level of treatment would not be effective at providing a good quality of life. Prior to a euthanasia decision being made, all other options are explored including: return to owner (if an owner can be identified), adoption, transfer to a rescue group or shelter capable of providing better care and/or rehabilitation, and treatment. Identification of Animals to be Euthanized All animals that become the property of the Public Shelter (after legally required hold times) will be considered adoptable until they have been determined otherwise through a medical and/or behavioral evaluation as per the policies and procedures in effect. Medical Conditions The medical staff (Veterinarian, Veterinary Technician, and/or trained staff) will evaluate each animal for any medical problems and determine if an animal is medically adoptable. The medical exam will be done based on a physical exam checklist which will be included in the animal’s record. This exam will include body score and pain assessment. The medical evaluation will be done as soon as the medical staff is available. In the event that a supervisor is unavailable and an emergency occurs where an animal is suffering greatly, the Euthanasia Request Form can be completed by three available staff and photo documentation may be attached to the form. Any medical problems noted by the medical staff will then be assessed to note if this is a resolvable medical problem based on severity and resources available. -
The Court Upholds a State Law Prohibiting Physician-Assisted Suicide
Journal of Criminal Law and Criminology Volume 88 Article 3 Issue 3 Spring Spring 1998 The ourC t Upholds A State Law Prohibiting Physician-Assisted Suicide Brett einbF erg 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 Brett einbeF rg, The ourC t Upholds A State Law Prohibiting Physician-Assisted Suicide, 88 J. Crim. L. & Criminology 847 (Spring 1998) This Supreme Court Review 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. 0091-4169/98/8803-0847 THE JOURNAL OF CRIMINALLAW & CRIMINOLOGY Vol. 88, No. 3 Copyrght © 1998 by Northwestern University, School of Law Printed in U.S.A. THE COURT UPHOLDS A STATE LAW PROHIBITING PHYSICIAN-ASSISTED SUICIDE Vacco v. Quill, 117 S. Ct. 2293 (1997) I. INTRODUCTION In Vacco v. Quill,' the United States Supreme Court ad- dressed whether a terminally ill person has a constitutionally protected right to commit suicide with the assistance of a physi- cian.2 The Court held that state laws prohibiting physician- assisted suicide are constitutionally permissible since they do not violate the Equal Protection Clause.3 In making its decision, the Court determined that the right to die with assistance is not a fundamental right.4 The Court -
The Right to Assisted Suicide and Euthanasia
THE RIGHT TO ASSISTED SUICIDE AND EUTHANASIA NEIL M. GORSUCH* I. INTRODUCTION ........................................................ 600 I. THE COURTS ............................................................. 606 A. The Washington Due Process Litigation............ 606 1. The Trial Court ...................... 606 2. The Ninth Circuit Panel Decision ............. 608 3. The En Banc Court ...................................... 609 B. The New York Equal ProtectionLitigation ........ 611 1. The Trial Court ........................................... 611 2. The Second Circuit ..................................... 612 C. The Supreme Court............................................. 613 1. The Majority Opinion ................................. 614 2. The Concurrences ....................................... 616 D. The Consequences ofGlucksberg and Quill .... 619 III. ARGUMENTS FROM HISTORY ................................... 620 A. Which History?................................................... 620 B. The Ancients ....................................................... 623 C. Early Christian Thinkers .................................... 627 D. English Common Law ......................................... 630 E. ColonialAmerican Experience........................... 631 F. The Modern Consensus: Suicide ........................ 633 G. The Modern Consensus: Assisting Suicide and Euthanasia.......................................................... 636 IV. ARGUMENTS FROM FAIRNESS .................................. 641 A . Causation........................................................... -
Assisted Suicide, the Due Process Clause and "Fidelity in Translation"
Fordham Law Review Volume 63 Issue 4 Article 11 1995 Assisted Suicide, the Due Process Clause and "Fidelity in Translation" Willard C. Shih Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Willard C. Shih, Assisted Suicide, the Due Process Clause and "Fidelity in Translation", 63 Fordham L. Rev. 1245 (1995). Available at: https://ir.lawnet.fordham.edu/flr/vol63/iss4/11 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. ASSISTED SUICIDE, THE DUE PROCESS CLAUSE AND "FIDELITY IN TRANSLATION" WILLARD C. SHIH INTRODUCTION [T]he prospect of impossibility should not dissuade any scientist or doctor who is sincerely dedicated to the pursuit of empirical truth. A prerequisite for that noble aim is the ideal of unfettered experi- mentation on human death under impeccably ethical conditions. [Physician-assisted suicide], as I have outlined it, comes closest to that ideal, now and for the foreseeable future. The practice should be legitimized and implemented as soon as possible; but that calls for the strident advocacy of influential personalities who, unfortu- nately, choose to remain silent or disinterested-or simply antithetical.' Dr. Kevorkian authored this passage hoping that other physicians would read it and join his crusade supporting physician-assisted sui- cide. The mere mention of his name stirs up different images in peo- ple's minds. -
Voluntary Active Euthanasia: Is There a Place for It in Modern Day Medicine?
CPD Article CPD Article Voluntary active euthanasia: Is there a place for it in modern day medicine? a Ogunbanjo GA, FCFP(SA), MFamMed, FACRRM, FACTM b Knapp van Bogaert D, PhD, Dphil a Department of Family Medicine and PHC, Faculty of Health Sciences, University of Limpopo (Medunsa Campus), Pretoria b Steve Biko Centre for Bioethics, Faculty of Health Sciences School of Clinical Medicine, University of the Witwatersrand, Johannesburg Correspondence to: Prof GA Ogunbanjo, e-mail: [email protected] or Prof D Knapp van Bogaert, e-mail: [email protected] Abstract This article discusses various ethical and legal concepts regarding euthanasia and includes concepts like physician assisted suicide, assisted suicide, voluntary active euthanasia, killing vs. letting die, indirect euthanasia and terminal sedation. Is there a difference if death is only foreseen but not intended? This article opens up the debate and addresses pertinent issues for the family practitioner. This article has been peer reviewed. Full text available at www.safpj.co.za SA Fam Pract 2008;50(3):38-39 Introduction in which the death is caused.6 Others insist that there is a morally fundamental difference between omission and commission, between Euthanasia is usually defined as a good (eu) death (thanasia). To killing and letting die.7 be good, death should be desired and it ought to be peaceful and painless. The concept of euthanasia would not apply to a person who Voluntary active euthanasia (VAE) refers to a clearly competent patient slips away peacefully and painlessly without any intervention after a making a voluntary and persistent request for aid in dying.8 In this case fulfilled life because euthanasia involves an intervention by the person, the individual or a person acting on that individual’s behalf (physician or by a person acting on his or her behalf to hasten a wanted death.