DOCSLIB.ORG

Euthanasia Supreme Court Judgement.Pdf

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Euthanasia Supreme Court Judgement.Pdf 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 215 OF 2005 Common Cause (A Regd. Society) ...Petitioner(s) Versus Union of India and Another …Respondent(s) J U D G M E N T Dipak Misra, CJI [for himself and A.M. Khanwilkar, J.] I N D E X S. No. Heading Page No. A. Prologue 3 B. Contentions in the Writ Petition 10 C. Stand in the counter affidavit and the 14 applications for intervention D. Background of the Writ Petition 18 D.1 P. Rathinam’s case – The question of 19 unconstitutionality of Section 309 of the Indian Penal Code D.2 Gian Kaur’s case – The question of 22 unconstitutionality of Section 306 of 2 the Indian Penal Code D.3 The approach in Aruna Shanbaug qua 30 Passive Euthanasia vis-à-vis India D.4 The Reference 42 E. Our analysis of Gian Kaur 45 F. Our analysis of Aruna Shanbaug qua 51 legislation G. The Distinction between Active and Passive 52 Euthanasia H. Euthanasia : International Position 58 H.1 U.K. Decisions: 58 H.1.1 Airedale Case 58 H.1.2 Later Cases 79 H.2 The Legal position in the United 89 States H.3 Australian Jurisdiction 96 H.4 Legal position in Canada 99 H.5 Other Jurisdictions 104 H.6 International considerations and 107 decisions of the European Court of Human Rights (ECHR) I The 241st Report of The Law Commission of 114 India on Passive Euthanasia J. Right to refuse treatment 120 3 K. Passive Euthanasia in the context of Article 126 21 of the Constitution. K.1 Individual Dignity as a facet of Article 135 21 L Right of self-determination and individual 149 autonomy M. Social morality, medical ethicality and State 155 interest N. Submissions of the States 157 O. Submissions of the Intervenor (Society for 159 the Right to Die with Diginity) P. Advance Directive/Advance Care Directive/ 160 Advance Medical Directive (a) Who can execute the Advance Directive 170 and how (b) What should it contain? 171 (c) How should it be recorded and 172 preserved (d) When and by whom can it be given 174 effect to (e) What if permission is refused by the 179 Medical Board (f) Revocation or inapplicability of 181 Advance Directive 186 Q. Conclusions in seriatim A. Prologue: Life and death as concepts have invited many a thinker, philosopher, writer and physician to define or describe them. 4 Sometimes attempts have been made or efforts have been undertaken to gloriously paint the pictures of both in many a colour and shade. Swami Vivekananda expects one to understand that life is the lamp that is constantly burning out and further suggests that if one wants to have life, one has to die every moment for it. John Dryden, an illustrious English author, considers life a cheat and says that men favour the deceit. No one considers that the goal of life is the grave. Léon Montenaeken would like to describe life as short, a little hoping, a little dreaming and then good night. The famous poet Dylan Thomas would state ―do not go gentle into that good night.‖ One may like to compare life with constant restless moment spent in fear of extinction of a valued vapour; and another may sincerely believe that it is beyond any conceivable metaphor. A metaphysical poet like John Donne, in his inimitable manner, says:- ―One short sleep past, we wake eternally, And death shall be no more; death, thou shalt die‖. Some would say with profound wisdom that life is to be lived only for pleasure and others with equal wise pragmatism 5 would proclaim that life is meant for the realization of divinity within one because that is where one feels the ―self‖, the individuality and one‘s own real identity. Dharmaraj Yudhisthira may express that though man sees that death takes place every moment, yet he feels that the silence of death would not disturb him and nothing could be more surprising than the said thought. Yet others feel that one should never be concerned about the uncertain death and live life embracing hedonism till death comes. Charvaka, an ancient philosopher, frowns at the conception of re-birth and commends for living life to the fullest. Thus, death is complicated and life is a phenomenon which possibly intends to keep away from negatives that try to attack the virtue and vigour of life from any arena. In spite of all the statements, references and utterances, be it mystical, philosophical or psychological, the fact remains, at least on the basis of conceptual majority, that people love to live – whether at eighty or eighteen – and do not, in actuality, intend to treat life like an ―autumn leaf‖. As Alfred Tennyson says:- 6 ―No life that breathes with human breath has ever truly longed for death.‖ 2. The perception is not always the same at every stage. There comes a phase in life when the spring of life is frozen, the rain of circulation becomes dry, the movement of body becomes motionless, the rainbow of life becomes colourless and the word ‗life‘ which one calls a dance in space and time becomes still and blurred and the inevitable death comes near to hold it as an octopus gripping firmly with its tentacles so that the person ―shall rise up never‖. The ancient Greet philosopher, Epicurus, has said, although in a different context:- ―Why should I fear death? If I am, then death is not. If death is, then I am not. Why should I fear that which can only exist when I do not?‖ But there is a fallacy in the said proposition. It is because mere existence does not amount to presence. And sometimes there is a feebleness of feeling of presence in semi-reality state when the idea of conceptual identity is lost, quality of life is 7 sunk and the sanctity of life is destroyed and such destruction is denial of real living. Ernest Hemingway, in his book ‗The Old Man and the Sea‘, expounds the idea that man can be destroyed, but cannot be defeated. In a certain context, it can be said, life sans dignity is an unacceptable defeat and life that meets death with dignity is a value to be aspired for and a moment for celebration. 3. The question that emerges is whether a person should be allowed to remain in such a stage of incurable passivity suffering from pain and anguish in the name of Hippocratic oath or, for that matter, regarding the suffering as only a state of mind and a relative perception or treating the utterance of death as a ―word infinitely terrible‖ to be a rhetoric without any meaning. In contradistinction to the same, the question that arises is should he not be allowed to cross the doors of life and enter, painlessly and with dignity, into the dark tunnel of death whereafter it is said that there is resplendence. In delineation of such an issue, there emerges the question in law – should he or she be given such treatment which has 8 come into existence with the passage of time and progress of medical technology so that he/she exists possibly not realizing what happens around him/her or should his/her individual dignity be sustained with concern by smoothening the process of dying. 4. The legal question does not singularly remain in the set framework of law or, for that matter, morality or dilemma of the doctors but also encapsulates social values and the family mindset to make a resolute decision which ultimately is a cause of concern for all. There is also another perspective to it. A family may not desire to go ahead with the process of treatment but is compelled to do so under social pressure especially in a different milieu, and in the case of an individual, there remains a fear of being branded that he/she, in spite of being able to provide the necessary treatment to the patient, has chosen not to do so. The social psyche constantly makes him/her feel guilty. The collective puts him at the crossroads between socially carved out ‗meaningful guilt‘ and his constant sense of rationality and individual responsibility. 9 There has to be a legalistic approach which is essential to clear the maze and instill awareness that gradually melts the idea of ―meaningful guilt‖ and ushers in an act of ―affirmative human purpose‖ that puts humanness on a high pedestal. 5. There is yet another aspect. In an action of this nature, there can be abuse by the beneficiaries who desire that the patient‘s heart should stop so that his property is inherited in promptitude and in such a situation, the treating physicians are also scared of collusion that may invite the wrath of criminal law as well as social stigma. The medical, social and ethical apprehensions further cloud their mind to take a decision. The apprehension, the cultural stigma, the social reprehension, the allegation of conspiracy, the ethical dilemma and eventually the shadow between the individual desire and the collective expression distances the reality and it is here that the law has to have an entry to alleviate the agony of the individual and dispel the collective attributes and perceptions so that the imbroglio is clear. Therefore, the heart of the matter is whether the law permits for accelerating the process 10 of dying sans suffering when life is on the path of inevitable decay and if so, at what stage and to what extent.
Load more

Recommended publications
  • A Study on Legalising Euthanasia in India 1AGILA S ,2Dhanasekar
    International Journal of Pure and Applied Mathematics Volume 120 No. 5 2018, 4353-4362 ISSN: 1314-3395 (on-line version) url: http://www.acadpubl.eu/hub/ Special Issue http://www.acadpubl.eu/hub/ A Study on Legalising Euthanasia in India 1AGILA S ,2Dhanasekar. M 1Student, BA., LLB., Student, Saveetha School of Law , Saveetha Institute of Medical and Technical Sciences, Saveetha University, Chennai-77, Tamil nadu , India. 2Assistant Professor, Saveetha School of Law , Saveetha Institute of Medical and Technical Sciences, Saveetha University, Chennai-77, Tamil nadu , India [email protected], [email protected], ABSTRACT: Euthanasia is a term that regularly starts warmed civil argument, paying little heed to whether individuals are 'for' or 'against'. It is a standout amongst the most talked about moral issues in late time as uncovered by the significant number of logical productions, media scope of particular cases and furthermore proposed charges in numerous nations. The idea depends on the rationality of humanism and empathy. It perceives the independence of an individual opportunity of decision to live incredible poise. In this article an endeavour has been made to streamline the legitimate and good complexities common on the planet in regards to Euthanasia with extraordinary reference to Indian socio-lawful picture. This research explains about the is an exceptionally old issue, with its foundations in traditional reasoning.As of late the idea of Euthanasia has turned out to be progressively under the spotlight because of the continuous technicians ion of medication. To explain importance of effectiveness of euthanasia and to analysis the status of euthanasia and to explore the role of judiciary to euthanasia .
    [Show full text]
  • 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 .......................
    [Show full text]
  • 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).
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • Enfermos En Fase Terminal
    LA PROTECCIÓN DE LA PERSONA HUMANA ENFERMOS EN FASE TERMINAL © CORTE SUPREMA DE JUSTICIA INSTITUTO DE INVESTIGACIONES JURÍDICAS (IIJ) Alonso y Testanova, Piso 9, Torre Sur. Asunción - Paraguay Teléfono: +595 21 422 161 DIRECCIÓN EJECUTIVA JOSÉ RAÚL TORRES KIRMSER, Ministro Responsable CARMEN MONTANÍA CIBILS, Directora COMPILACIÓN CARMEN MONTANÍA CIBILS, Investigadora GLADYS ASTIGARRAGA PANIAGUA, Investigadora EQUIPO DE EDICIÓN COLABORACIÓN ESPECIAL OVIDIO M. AGUILAR, Diagramación HAYDEÉ CARMAGNOLA DE AQUINO, MIGUEL LÓPEZ, Diseño de tapa Asesora FELICIANO PEÑA PÁEZ, Corrector ANTONELLA FERNÁNDEZ LIPPMAN, Asistente jurisdiccional SADY FLEITAS, Técnico jurisdiccional P 346 PERSONAS COR CORTE SUPREMA DE JUSTICIA INSTITUTO DE INVESTIGACIONES JURÍDICAS (IIJ) “La Protección de la Persona Humana. Enfermos en Fase Terminal”. Asunción – Paraguay Primera edición. Año 2019. 500 ejemplares, p. 504 ISBN: 978-99953-41-60-2 Las opiniones vertidas en los artículos son de exclusiva responsabilidad de los autores. DERECHOS RESERVADOS. Queda prohibida cualquier forma de reproducción, trans- misión o archivo en sistemas recuperables, sea para uso privado o público por medios mecánicos, electrónicos, fotocopiadoras, grabaciones o cualquier otro sistema de archivo y recuperación de información total o parcial del presente ejemplar, con o sin finalidad de lucro, sin autorización expresa por escrito. EUGENIO JIMÉNEZ ROLÓN Presidente LUIS MARÍA BENÍTEZ RIERA Vicepresidente Primero GLADYS ESTER BAREIRO DE MÓDICA Vicepresidenta Segunda JOSÉ RAÚL TORRES KIRMSER MIRYAM
    [Show full text]
  • 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.
    [Show full text]
  • Submission to Inquiry Into Voluntary Assisted Dying
    Submission to Inquiry into Voluntary Assisted Dying Joint Committee | South Australia | August 2019 This is page is left blank intentionally to allow for double-sided printing 2 “Palliative care services are not offering what a percentage of their patients desperately need. Palliative care has become a mantra chanted by … politicians and religious organisations opposing euthanasia.” − Clive Deverall, founder of Palliative Care WA “While pain and other symptoms can be helped, complete relief of suffering is not always possible, even with optimal palliative care.” – Palliative Care Australia “It is not the role of any health care team to suggest its ministrations can give meaning, purpose and dignity to a dying person’s remaining life if that person feels that these are irretrievably lost … palliative care is a model of care, not a moral crusade.” − Professor Michael Ashby, Director, Palliative Care, Tasmanian Health Service 3 This is page is left blank intentionally to allow for double-sided printing 4 What’s in this Submission INTRODUCTION Page 7 PART A What The Evidence Shows Page 9 The need for Voluntary Assisted Dying laws in Australia PART B Assisted Dying In South Australia Today Page 15 An incoherent, largely unregulated, and inequitable legal situation PART C Beyond Pain Page 31 Why more resources for palliative care alone will not address the need for Voluntary Assisted Dying PART D Responding To Key Arguments Against VAD Page 59 PART E Fear. Uncertainty. Doubt. Page 81 Tactics used to create an alarmist picture of assisted dying PART F Propaganda Case Studies Part 1. Fatal Flaws Page 105 Part 2.
    [Show full text]
  • UPSC Monthly Magazine" March-2018
    Easy to PICK – “UPSC Monthly Magazine" March-2018 MARCH 2018 PT-MAINS Easy to PICK – “UPSC Monthly Magazine" March-2018 S.No. Topics Page No. GS - 1 1 INTEGRATED SCHOOL EDUCATION SCHEME 2 2 RASHTRIYA UCHCHATAR SHIKSHA ABHIYAN 4 3 6TH EDITON OF INDIA BY THE NILE FESTIVAL 5 4 NATIONAL ACADEMIC DEPOSITORY (NAD) 6 5 NABAKALEBAR FESTIVAL 7 6 STATUS OF ANGANWADI CENTRES 8 7 HINDU NEW YEAR 10 8 JACKFRUIT TO BE KERALA’S STATE FRUIT 10 9 CHILD MARRIAGE NUMBERS DROP SHARPLY 11 10 ‘ADOPT A HERITAGE PROJECT’ 13 11 KARNATAKA GOVT CLEARS MINORITY STATUS FOR LINGAYATS 14 12 PASSIVE EUTHANASIA 15 13 NATIONAL CULTURAL AUDIOVISUAL ARCHIVES (NCAA) 17 14 MADHAVPUR MELA 18 DRAFT DIGITAL INFORMATION IN HEALTHCARE SECURITY ACT 19 15 (DISHA) 16 MP’S BLACK CHICKEN KADAKNATH WINS GI TAG 20 17 INDIA’S FALLING SEX RATIO 21 18 LAQSHYA PROGRAM 22 19 #YesIBleed Campaign 23 20 INTERNATIONAL WOMEN’S DAY 2018 24 21 WOMEN ENTREPRENEURSHIP PLATFORM 26 22 SUVIDHA 27 23 ‘WOMENINTECH’ FORUM 28 24 Anandibai Gopalrao Joshi 29 25 ANNUAL SURVEY OF INDIA’S CITY-SYSTEMS (ASICS) 30 26 GENDER PAY DISPARITY 32 27 ‘BOMB CYCLONE’ 34 28 GENDER VULNERABILITY INDEX 35 29 GEOMAGNETIC STORM 36 30 NIRBHAYA FUND 37 31 WORLD HAPPINESS REPORT 2018 38 32 KUTHIYOTTAM 39 33 SAORA PAINTINGS 40 GS – 2 1 PRASAR BHARATI 42 Easy to PICK – “UPSC Monthly Magazine" March-2018 2 THE PAYMENT OF GRATUITY (AMENDMENT) BILL, 2017 43 3 E-OFFICE 44 4 ANNUAL SURVEY OF INDIA’S CITY-SYSTEMS (ASICS), 2017 45 5 INDIA-FRANCE RELATIONS 46 6 INDIA GERMANY RELATIONS 48 7 INDIA-VIETNAM 50 8 ARBITRATION AND CONCILIATION (AMENDMENT)
    [Show full text]
  • A Review on EUTHANASIA
    © APR 2020 | IRE Journals | Volume 3 Issue 10 | ISSN: 2456-8880 A Review on EUTHANASIA RUBA LAMAN AIMS Institute of Management Studies Abstract- Euthanasia, also called mercy killing, act 3. Indirect euthanasia or practice of painlessly putting to death persons 4. Physician assisted suicide suffering from painful and incurable disease or incapacitating physical disorder or allowing them to ACTIVE EUTHANASIA die by withholding treatment or withdrawing Active euthanasia is when death is brought about by artificial life-support measures. an act- for example when a person is killed by being given an overdose of pain-killer. I. INTRODUCTION PASSIVE EUTHANASIA Euthanasia, also called mercy killing, act or practice Passive euthanasia is when death is brought about by of painlessly putting to death persons suffering from an omission i.e. when someone lets the person die. painful and incurable disease or incapacitating physical disorder or allowing them to die by INDIRECT EUTHANASIA withholding treatment or withdrawing artificial life- Indirect euthanasia means providing treatment support measures. (usually to reduce pain) that has the side effect of speeding the patient’s death. Since the primary Euthanasia is performed by the attending physician intention is not to kill, this is seen by some people as administering a fatal dose of a suitable drug to the morally accepted. patient on his or her express request. It is a physician assisted suicide refers to deliberate action taken with PHYSICIAN ASSISTED SUICIDE the intention of ending a life, in order to relieve Physician assisted suicide involves a persistent suffering. In most countries, euthanasia is physician(doctor) knowingly and intentionally against the law and it may carry a jail sentence.
    [Show full text]
  • End of Life Advance Directives.Pdf
    Indian Journal of Medical Ethics Vol I No 4 October-December 2016 3. Bhaumik S. Unbanked direct blood transfusions should be legal, say mid-level health workers: systematic review and meta-analysis. Bull Indian surgeons. BMJ. 2013;347:f5623. doi: 10.1136/bmj.f5623. World Health Organ. 2013,91(11):824-833. doi: 10.2471/BLT.13.118786. 4. Dogra B. Blood for health’s sake. The Hindu [Internet], September 8, 19. Wilkinson D, Sach ME. Cost-effective on-site screening for anemia in 2013 [cited 2016May 16]. Available from: http://www.thehindu.com/ pregnancy in primary care clinics. South African Med J. 1997;87(4):463–5. todays-paper/tp-miscellaneous/tp-others/blood-for-healths-sake/ 20. Anemia detection methods in low resource settings, A manual for article5105867.ece health workers, by PATH. December 1997 [cited 2013 Nov 20]. Pp 17–20. 5. Tongaonkar RR. Scope and limitations of rural surgery. Ind J Surg. 2003;65(1):24–9 Available from: http://www.path.org/publications/files/TS_anemia_ 6. American Red Cross. Autologous and Directed Donations [Internet] guide_health_workers.pdf [cited 2016 May 16]. Available from: http://www.redcrossblood.org/ 21. Tongaonkar RR, Sanders DL, Kingsnorth AN. Ten-Year Personal donating-blood/types-donations/autologous-and-directed Experience of Using Low Density Polyethylene (LDPE) Mesh for 7. New York Blood Center.Autologous and Directed Blood Donation. Inguinal Hernia Repair. Trop Med Surg. 2013; 1:136. doi: 10.4172/2329- [Internet] [cited 2016 May 16]. Available from: http://nybloodcenter.org/ 9088.1000136. products-services/blood-products/ 22. Mulholland EK, Simoes EA, Costales MO, McGrath EJ, Manalac EM, Gove 8.
    [Show full text]
  • DECISIONI DI FINE VITA ED AUSILIO AL SUICIDIO. Aggiornamento
    CORTE COSTITUZIONALE SERVIZIO STUDI Area di diritto comparato DECISIONI DI FINE VITA ED AUSILIO AL SUICIDIO AGGIORNAMENTO a cura di P. Passaglia con contributi di C. Guerrero Picó S. Pasetto M.T. Rörig C. Torrisi settembre 2019 Comp. 259 Avvertenza La Corte costituzionale ha la titolarità, in via esclusiva, dei contenuti del presente documento. La Corte costituzionale fa divieto, in assenza di espressa autorizzazione, di riprodurre, estrarre copia ovvero distribuire il documento o parti di esso per finalità commerciali. Il riutilizzo per finalità diverse è soggetto alle condizioni ed alle restrizioni previste nel contratto di licenza Creative Commons (CC by SA 3.0). Per informazioni e richieste, si invita a contattare il Servizio Studi, scrivendo al seguente indirizzo email: [email protected]. DECISIONI DI FINE VITA ED AUSILIO AL SUICIDIO AGGIORNAMENTO INDICE Introduzione ..................................................................................... 13 AUSTRALIA 1. Premessa .................................................................................................... 19 2. La disciplina della morte assistita ........................................................... 19 2.1. La prassi ................................................................................................... 20 2.2. La giurisprudenza sull’assistenza al suicidio: le sentenze più significative ........................................................................................... 21 2.3. Il caso R v Justins ....................................................................................
    [Show full text]