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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. -
Illustrations
Illustrations BOOK ONE FOLLOWING PAGE 338 I. Mid-seventeenth-century map of Asia 2. Willem Blaeu's map of Asia 3. Map of the Mughul Empire, from Dapper's Asia, 1681 4. South and Southeast Asia, fromJohan Blaeu's Atlas major, 1662 5. Ceylon and the Maldives, from Sanson d'Abbeville's L'Asie, 1652 6. Continental Southeast Asia, from Morden's Geography Rectified, 1688 7. Course of the Menam, from La Loubere's Du royaume de Siam, 1691 8. Malacca and its environs, from Dampier's Voyages, 1700 9. The Moluccas, from Blaeu's Atlas major 10. Asia from Bay of Bengal to the Marianas, from Thevenot's Relations, 1666 II. Japan and Korea, from Blaeu's Atlas major 12. Harbor of Surat 13· Dutch factory at Surat 14· Market at Goa 15· English fort at Bombay 16. Harbor and wharf of Arakan 17· Batavia, ca. 1655 18. Amboina and its inhabitants 19· Dutch factory at Banda 20. Tidore and its fort 21. Dutch envoys in Cambodia 22. Fort Zeelandia in Taiwan 23· Dutch ambassadors in Peking, 1656 [xvii] Illustrations 24. Macao 25. Canton 26. Dutch factory at Hirado 27. Dutch factory on Deshima 28. Palanquins 29. Merchants of Bantam 30. Man and woman of Goa 3 I. Chinese merchant couple ]2. Dutch fleet before Bantam in 1596 33. Thee (tea), or cha, bush 34. King of Ternate's banquet for the Dutch, 1601 35. Coins of Siam 36. 1601 Malay-Latin vocabulary 37. 1672 Oriental-Italian vocabulary 38. Warehouse and shipyard of Dutch East India Company in Amsterdam 39. -
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. -
Suicide: a Unique Epidemic in Japan a High GDP, a Literacy Rate of 99
Suicide: A Unique Epidemic in Japan Magdalena Wilson College of Arts and Science, Vanderbilt University Japan, a country with a long life expectancy, strong economy and stable political system seems like an unlikely place to encounter a deadly global epidemic. Yet, the unique history and culture of Japan, including its religion, media, and economy, create a setting in which rates of suicide are reaching unprecedented levels. The culture of Japan combined with the peculiar nature of suicide, which allows it to evade clear classification as a disease, creates an intriguing public health challenge for Japan in tackling this epidemic. A high GDP, a literacy rate of 99 percent, a performing a form of seppuku more appropriate for healthy life expectancy of 72-78 years, and a health times of peace, junshi or “suicide to follow one‟s lord budget of 1660 international dollars per capita (World to the grave,” (59) as an outlet for expressing their Health Organization 2005) are not the features valor and dedication to their lord. Seppuku emerged typically associated with a country suffering from one yet again in a slightly different form in the 17th of the worst outbreaks of a deadly global epidemic. century Japanese legal system as a somewhat more Then again, nothing is really typical about the suicide dignified alternative to the death penalty. Throughout epidemic in Japan. In general, suicide is a growing the next two hundred years, seppuku remained central public health problem globally, with international to Japanese society in its various forms until Japan suicide rates increasing 60 percent in the last 45 years began to modernize during the Meiji period in the late (World Health Organization 2009). -
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. -
The Death Penalty in Japan: the Law of Silence Going Against the International Trend
The Death Penalty in Japan: The Law of Silence Going against the International Trend International fact-finding mission Article 1 : All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 2 : Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. n°505a October 2008 Tokyo Detention Centre FIDH - The Death Penalty in Japan: The Law of Silence / 2 Contents Introduction 4 I. The Japanese Context 6 Context and history of the application of the death penalty in Japan Actors Authorities Officials at Ministry of Justice Detention Centre Personnel Political Parties Civil society Lawyers victims’ families and detainees’ families NGOs and the movements in favour of abolition Religious representatives The influence of media II. Current debates 18 Secrecy Separation of powers Life imprisonment without parole and a toughening of penalties Fallacious arguments Justification by public opinion The confusion between the rights of victims and the death penalty The cultural argument III. Legal Framework 25 Domestic law and norms International law United Nations Japan ratified the United Nations Convention Against Torture in 1999 The Council of Europe The European Union The International criminal court (ICC) IV. -
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. -
July 31, 2020 Chancellor Kevin Guskiewicz Via Electronic Delivery
July 31, 2020 Chancellor Kevin Guskiewicz Via electronic delivery Dear Chancellor Guskiewicz: On behalf of the Commission on History, Race, and a Way Forward, we write to follow up on the Board of Trustees’ July 29 meeting, specifically with regard to the interim decision to leave the name of Thomas Ruffin Jr. on Ruffin Residence Hall. New evidence has come to light, which does not appear in any published account of Klan violence during the Reconstruction era. It is in the form of newspaper stories and public correspondence that link Ruffin to a legislative grant of amnesty to Klansmen who were responsible for two political assassinations in Alamance and Caswell Counties. Both victims – one black, the other white – were Republican officeholders and civic leaders. A full report accompanies this letter as a supplement to materials submitted in support of our July 10 recommendation that the names of Charles Aycock, Julian Carr, Josephus Daniels, Thomas Ruffin, and Thomas Ruffin Jr. be removed from campus buildings. We believe that the information presented warrants an expedited review and removal of Thomas Ruffin Jr.’s name from Ruffin Residence Hall at the earliest possible date. This referral and the attached report were approved unanimously by commission members on July 30 in a poll conducted via e-mail. For the Commission, Patricia S. Parker James Leloudis Thomas Ruffin Jr. (1824 – 1889) This document supplements supporting materials that accompanied the July 10, 2020, recommendation from the Commission on History, Race, and a Way Forward that the names of Thomas Ruffin and Thomas Ruffin Jr. be removed from Ruffin Residence Hall. -
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........................................................... -
Thoughts on the Crucifixion Edward A
The Linacre Quarterly Volume 55 | Number 2 Article 16 May 1988 Why Did He Die in Three Hours?: Thoughts on the Crucifixion Edward A. Brucker Follow this and additional works at: http://epublications.marquette.edu/lnq Recommended Citation Brucker, Edward A. (1988) "Why Did He Die in Three Hours?: Thoughts on the Crucifixion," The Linacre Quarterly: Vol. 55: No. 2, Article 16. Available at: http://epublications.marquette.edu/lnq/vol55/iss2/16 Why Did He Die in Three Hours? Thoughts on the Crucifixion Edward A. Brucker, M.D. Doctor Brucker has served as director of laboratories at several hospitals and has, for the past 18 years, been a deputy medical examiner for Pima County in Arizona. He has studied and given lectures on the Shroud of Turinfor the past 27 years. Many problems exist with our understanding of crucifixion looking backward approximately 2,000 years. We know Constantine abolished crucifixions about 337 A. D. so that there is no known personal experience since that time of individuals reporting on crucifixions. Two events which add to our knowledge, however, and give us some insight as to how crucifixion was performed and what happened to the individual would be the Shroud of Turin which is probably the most important, and secondly, in 1968 in a Jewish cemetery - Givat ha M ivtar - in which the bones of a crucified individual, Johanaham, were identified with the nail being transfixed through the ankle bone and with scrape marks being identified on the radius bone. Other than these two events, we are limited to what the ancient historians and writers had to say about crucifixion. -
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. -
Medical Aid in Dying Is NOT Suicide, Assisted Suicide Or Euthanasia
Medical Aid in Dying Is NOT Suicide, Assisted Suicide or Euthanasia Medical aid in dying is fundamentally stricken with life-ending illnesses. They feel different from euthanasia. While both deeply offended when the medical practice is practices are designed to bring about a referred to as suicide or assisted suicide. peaceful death, the distinction between the two comes down to who administers the means to Leading medical organizations reject that peaceful death. Euthanasia is an intentional the term “physician-assisted suicide.” act by which another person (not the dying The American Academy of Hospice and person) administers the medication. By contrast, Palliative Medicine, American Medical Women’s medical aid in dying requires the patient to be Association, American Medical Student Associa- able to take the medication themselves and tion, American Academy of Family Physicians and therefore always remain in control. Euthanasia is American Public Health Association have all illegal throughout the United States. adopted policies opposing the use of the terms “suicide” and “assisted suicide” to describe the State legislatures and courts in states medical practice of aid in dying. The American where the practice is authorized Association of Suicidology, a nationally recognized recognize medical aid in dying as organization that promotes prevention of suicide differing from suicide, assisted suicide or through research, public awareness programs, euthanasia. Euthanasia and assisted suicide are education and training comprised of respected