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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. -
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. -
NEW TITLES in BIOETHICS Annual Cumulation Volume 20, 1994
NATIONAL REFERENCE CENTER FOR BIOETHICS LITERATURE THE JOSEPH AND ROSE KENNEDY INSTITUTE OF ETHICS GEORGETOWN UNIVERSITY, WASHINGTON, DC 20057 NEW TITLES IN BIOETHICS Annual Cumulation Volume 20, 1994 (Includes Syllabus Exchange Catalog) Lucinda Fitch Huttlinger, Editor Gregory P. Cammett, Managing Editor ISSN 0361-6347 A NOTE TO OUR READERS . Funding for the purchase of the materials cited in NEW TITLES IN BIOETHICS was severely reduced in September 1994. We are grateful for your donations, as well as your recom mendations to your publishers to forward review copies to the Editor. In addition to being listed here, all English-language titles accepted for the collection will be considered for inclusion in the BIOETHICSLINE database, produced at the Kennedy Institute of Ethics under contract with the National Library of Medicine. Your efforts to support this publication and the dissemination of bioethics information in general are sincerely appreciated. NEW TITLES IN BIOETHICS is published four times Inquiries regarding NEW TITLES IN BIOETHICS per year (quarterly) by the National Reference Center should be addressed to: for Bioethics Literature, Kennedy Institute of Ethics. Gregory Cammett, Managing Editor Annual Cumulations are published in the following year (regarding subscriptions and claims) as separate publications. NEW TITLES IN BIOETHICS is a listing by subject of recent additions OR to the National Reference Center's collection. (The subject classification scheme is reproduced in full with Lucinda Fitch Huttlinger, Editor each issue; it can also be found at the end of the (regarding review copies, gifts, and exchanges) cumulated edition.) With the exception of syllabi listed NEW TITLES IN BIOETHICS as part of our Syllabus Exchange program, and docu National Reference Center for Bioethics ments in the section New Publications from the Ken Literature nedy Institute of Ethics, materials listed herein are not Kennedy Institute of Ethics available from the National Reference Center. -
George Sher Curriculum Vitae
George Sher Professional Experience Fairleigh Dickinson University Instructor, Philosophy 1966-72 (full-time after 1968) Assistant Professor, Philosophy 1972-74 (tenured 1974) University of Vermont Associate Professor, Philosophy 1974-80 (tenured 1978) Professor, Philosophy, 1980-91 Acting Chair, Department of Philosophy, 1985-86 Rice University Herbert S. Autrey Professor of Philosophy, 1991- Chair, Department of Philosophy, 1993-2000 Publications BOOKS Desert, Princeton University Press, 1987; paperback, 1989. Beyond Neutrality: Perfectionism and Politics, Cambridge University Press, 1997. Chinese edition (Hebei People's Publishing House) forthcoming. Approximate Justice: Studies in Non-Ideal Theory, Rowman and Littlefield, 1997. In Praise of Blame, Oxford University Press, 2006. Who Knew? Responsibility Without Awareness, Oxford University Press, forthcoming 2009. Equality for Inegalitarians, Cambridge University Press, 2014 BOOKS EDITED Moral Philosophy: Selected Readings, Harcourt Brace Jovanovich, 1987; 2nd ed. 1995. Reason at Work: Introductory Readings in Philosophy, Harcourt Brace Jovanovich, 1984; 2nd ed. 1989; 3d ed. 1995. Co-editors Steven M. Cahn and Patricia Kitcher (all editions) and Peter Markie (3d edition). Social and Political Philosophy: Contemporary Readings, Harcourt Brace, 1999. Co-editor Baruch Brody Ethics: Essential Readings in Moral Theory, Routledge, 2012 ARTICLES "Reasons and Intensionality," The Journal of Philosophy, March 27, 1969. "Causal Explanation and the Vocabulary of Action," Mind, January, 1973. "Justifying Reverse Discrimination in Employment," Philosophy and Public Affairs, Winter, 1975. Reprinted in [ PDF ] Marshall Cohen, Thomas Nagel, and Thomas Scanlon, eds., Equality and Preferential Treatment, Princeton University Press,1977. Thomas M. Mappes and Jane Zembaty, eds., Social Ethics, McGraw-Hill, 1987. James Rachels, ed, Moral Problems, Harper & Row, 3rd edition, 1979. John Arthur, ed., Morality and Moral Controversy, Prientice-Hall, 1981. -
Discomfort and Moral Impediment
Discomfort and Moral Impediment Discomfort and Moral Impediment: The Human Situation, Radical Bioethics and Procreation By Julio Cabrera Discomfort and Moral Impediment: The Human Situation, Radical Bioethics and Procreation By Julio Cabrera This book first published 2019 Cambridge Scholars Publishing Lady Stephenson Library, Newcastle upon Tyne, NE6 2PA, UK British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Copyright © 2019 by Julio Cabrera Copyright © 2016 Editora Universidade de Brasília. All rights for this book reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the copyright owner. ISBN (10): 1-5275-1803-5 ISBN (13): 978-1-5275-1803-2 CONTENTS Preface ..................................................................................................... viii Part I: Ethics and the Human Situation Chapter One ................................................................................................ 2 The Minimal Ethical Articulation (MEA) The Role of Feelings and Sympathy in Ethics ...................................... 6 Chapter Two ............................................................................................. 10 Human Life and Discomfort (The Non-Structural Arguments) Chapter Three ........................................................................................... 23 The -
Principles and Particularity: the Roles of Cases in Bioethics
Principles and Particularity: The Roles of Cases in Bioethics JOHN D. ARRAS* INTRODUCTION Twenty-five years ago, when I was a graduate student in philosophy, the study of ethics had fallen on hard times. Some of the leading exponents of ethical theory had succeeded, for the time being, in showing either that all ethical judgments were reducible to emotive reactions-and hence irrational and indefensible'-or that the study of ethics, properly understood, had more to do with probing the nuances of the "language of morals"2 than with reflecting on the normative moral experience of real people in their mundane or professional capacities. The study of ethics had become a rarefied, specialized, technical, and, above all, dry discipline. Given the sad state of the field, many had begun to wonder whether political philosophy was dead. To be sure, books and articles continued to be written, and courses continued to be taught, but for many of us at the time such behaviors might have resembled the residual motions of patients in a persistent vegetative state more than genuine signs of life. The real "action" in philosophy lay elsewhere, around the "linguistic turn"3 or in continental theory, but certainly not in ethics. Not coincidentally, during my undergraduate and graduate years I was never exposed to anything remotely resembling a "case study" in ethics. If ethics was ever to establish itself as an intellectual enterprise worthy of respect, students were told, it would "have to ignore the grubby world of everyday moral concerns and concentrate instead on theory, abstraction, and the meaning of various moral terms.4 In my work today, however, I am mired in cases, both at the hospital, where the exigencies of clinical problems preclude leisurely invocations of philosophical theory, and even in my university classes on bioethics and the philosophy of law. -
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. -
Recommended Further Readings
Recommended Further Readings Bioethics Beauchamp, Tom, and James Childress, Principles of Biomedical Ethics, th ed. (New York: Oxford University Press, ). O’Neill, Onora, Autonomy and Trust in Bioethics (Cambridge: Cambridge University Press, ). Steinbock, Bonnie (ed.), The Oxford Handbook of Bioethics (New York: Oxford University Press, ). Sugarman, Jeremy, and Daniel Sulmasy (eds.), Methods in Medical Ethics, nd ed. (Washington, DC: Georgetown University Press, ). Veatch, Robert, A Theory of Medical Ethics (New York: Basic Books, ). Moral Philosophy Griffin, James, Well-Being (Oxford: Clarendon, ). Hooker, Brad, Ideal Code, Real World (Oxford: Clarendon, ). Kamm, Frances, Intricate Ethics: Rights, Responsibilities, and Permissible Harm (New York: Oxford University Press, ). Parfit, Derek, Reasons and Persons (Oxford: Clarendon, ). Singer, Peter, Practical Ethics, rd ed. (Cambridge: Cambridge University Press, ). Political and Legal Philosophy Appiah, K. Anthony, and Amy Guttman, Color Conscious: The Political Morality of Race (Princeton, NJ: Princeton University Press, ). Brock, Gillian, Global Justice (Oxford: Oxford University Press, ). Feinberg, Joel, Harm to Others (New York: Oxford University Press, ). Kymlicka, Will, Contemporary Political Philosophy, nd ed. (Oxford: Oxford University Press, ). Nozick, Robert, Anarchy, State, and Utopia (New York: Basic Books, ). Nussbaum, Martha, Frontiers of Justice: Disability, Nationality, Species Membership (Cambridge, MA: Belknap Press, ). Downloaded from https://www.cambridge.org/core. IP address: 170.106.33.42, on 02 Oct 2021 at 21:04:51, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/9781009026710.012 Recommended Further Readings Rawls, John, A Theory of Justice (Cambridge, MA: Harvard University Press, ). Sandel, Michael, Justice: What’s the Right Thing to Do? (New York: Farrar, Straus and Giroux, ). -
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........................................................... -
Chimpanzee Rights: the Philosophers' Brief
Chimpanzee Rights: The Philosophers’ Brief By Kristin Andrews Gary Comstock G.K.D. Crozier Sue Donaldson Andrew Fenton Tyler M. John L. Syd M Johnson Robert C. Jones Will Kymlicka Letitia Meynell Nathan Nobis David M. Peña-Guzmán Jeff Sebo 1 For Kiko and Tommy 2 Contents Acknowledgments…4 Preface Chapter 1 Introduction: Chimpanzees, Rights, and Conceptions of Personhood….5 Chapter 2 The Species Membership Conception………17 Chapter 3 The Social Contract Conception……….48 Chapter 4 The Community Membership Conception……….69 Chapter 5 The Capacities Conception……….85 Chapter 6 Conclusions……….115 Index 3 Acknowledgements The authors thank the many people who have helped us throughout the development of this book. James Rocha, Bernard Rollin, Adam Shriver, and Rebecca Walker were fellow travelers with us on the amicus brief, but were unable to follow us to the book. Research assistants Andrew Lopez and Caroline Vardigans provided invaluable support and assistance at crucial moments. We have also benefited from discussion with audiences at the Stanford Law School and Dalhousie Philosophy Department Colloquium, where the amicus brief was presented, and from the advice of wise colleagues, including Charlotte Blattner, Matthew Herder, Syl Ko, Tim Krahn, and Gordon McOuat. Lauren Choplin, Kevin Schneider, and Steven Wise patiently helped us navigate the legal landscape as we worked on the brief, related media articles, and the book, and they continue to fight for freedom for Kiko and Tommy, and many other nonhuman animals. 4 1 Introduction: Chimpanzees, Rights, and Conceptions of Personhood In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). -
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.