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Jeffrey Brooks 16 JULY 2010 [email protected]
CSMD – 170M C.G. – Question de mourir dans la dignité 16 JULY 2010 A brief in support of Euthanasia and Assisted Suicide presented to the Québec Select Committee on Dying with Dignity By Jeffrey H Brooks Montréal, QC H3E 1Z2 Under the Quebec Charter of Human Rights & Freedoms: Clause 2: Every human being whose life is in peril has a right to assistance. Clause 4: Every person has a right to the safeguard of his dignity, honour and reputation. Clause 5: Every person has a right to respect for his private life. Object: This brief proposes that every Quebecker should have the right to decide to end their life pre-maturely with appropriate professional assistance. The current option of allowing only passive assistance by withholding treatment is not acceptable and can be barbaric. With confidence, we respectfully request our honourable members of the National Assembly and their counsel enact legislation which would legalize procedures to provide for assisted suicide and euthanasia following appropriate specific protocols, safeguards against misuse, etc. Rationale: I believe personal life experience qualifies me to examine my own views and to present this brief in a clear and lucid manner. It is not theory; it is how I feel and the conclusions I arrive at after careful consideration. I view myself as an ethical person and take pride in doing the right thing. I actively participated in the care of my parents in their final years and days. This was done with sensitivity and much love. They were totally dependent but they were never a burden. My children were not very involved at that time. -
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. -
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 ....................... -
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. -
Programme (Pdf)
Canadian Political Science Association Association canadienne de science politique 81th Annual Conference May 27, 28, 29 2009 81e Congrès annuel 27, 28, 29 mai PROGRAMME Congress of the Humanities and Social Sciences Congrès des sciences humaines TABLE OF CONTENTS/TABLE DES MATIÈRES Buildings/Édifices 1 Acknowledgements/Remerciements 2 General Information/Renseignements généraux 3 2009 Programme Committee/Comité du programme 2009 4 CPSA Board of Directors/Conseil d’administration de l’ACSP 5 Special Event/Événement spécial 6 Other Special Events/Autres événements spéciaux 6-7 CPSA Business and Committee Meetings/Réunions d’affaires et comités de l’ACSP 8 Prizes/Prix 9-11 Section Index/Index des sections 12-16 Notices to Participants/Note à l’intention des congressistes 17-19 Workshops/Ateliers 19-26 Sessions/Séances 30-98 CPSA Trust Fund/Fonds de prévoyance de l’ACSP 101 Participants 102-115 A Personal Timetable/Un horaire personnel 117 AGM Agenda and annual reports/Ordre du jour pour la AGA et les rapports annuels 118-151 Campus Map/Carte du campus 152 BUILDINGS / ÉDIFICES The CPSA sessions will be held in the following buildings (see sessions for room numbers): Les séances de l’ACSP auront lieu dans les édifices suivants (voir les séances pour les numéros des locaux) : Édifice Loeb Building Édifice Mackenzie Building Édifice Tory Building Édifice Southam Building 1 ACKNOWLEDGEMENTS Joseph Wong, University of Toronto The CPSA wishes to acknowledge the following organisations for their assistance with this year’s conference: • the Social -
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. -
The Impact of Tropical Cyclone Hayan in the Philippines: Contribution of Spatial Planning to Enhance Adaptation in the City of Tacloban
UNIVERSIDADE DE LISBOA FACULDADE DE CIÊNCIAS Faculdade de Ciências Faculdade de Ciências Sociais e Humanas Faculdade de Letras Faculdade de Ciências e Tecnologia Instituto de Ciências Sociais Instituto Superior de Agronomia Instituto Superior Técnico The impact of tropical cyclone Hayan in the Philippines: Contribution of spatial planning to enhance adaptation in the city of Tacloban Doutoramento em Alterações Climáticas e Políticas de Desenvolvimento Sustentável Especialidade em Ciências do Ambiente Carlos Tito Santos Tese orientada por: Professor Doutor Filipe Duarte Santos Professor Doutor João Ferrão Documento especialmente elaborado para a obtenção do grau de Doutor 2018 UNIVERSIDADE DE LISBOA FACULDADE DE CIÊNCIAS Faculdade de Ciências Faculdade de Ciências Sociais e Humanas Faculdade de Letras Faculdade de Ciências e Tecnologia Instituto de Ciências Sociais Instituto Superior de Agronomia Instituto Superior Técnico The impact of tropical cyclone Haiyan in the Philippines: Contribution of spatial planning to enhance adaptation in the city of Tacloban Doutoramento em Alterações Climáticas e Políticas de Desenvolvimento Sustentável Especialidade em Ciências do Ambiente Carlos Tito Santos Júri: Presidente: Doutor Rui Manuel dos Santos Malhó; Professor Catedrático Faculdade de Ciências da Universidade de Lisboa Vogais: Doutor Carlos Daniel Borges Coelho; Professor Auxiliar Departamento de Engenharia Civil da Universidade de Aveiro Doutor Vítor Manuel Marques Campos; Investigador Auxiliar Laboratório Nacional de Engenharia Civil(LNEC) -
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). -
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. -
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. -
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. -
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