Exposition Euthanasia

8/9/2019 Exposition Euthanasia

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ARGUMENTATIVE ESSAY EUTHANASIA

By Troy Jacques

Euthanasia is known as the practice of deliberately ending a life which releases an individualfrom an incurable disease or intolerable suffering. This mercy killing is often referred as aneasy and painless death. This can be done from the request of a dying patient or that

persons legal representative. hen this is done it is known as !oluntary Euthanasia. "otdoing something to prevent someones death is known as passive or negative Euthanasia.#ctive or positive Euthanasia is when someone takes deliberate action to cause a death.

$urrently Euthanasia is not allowed by law to be practiced on people. %y opinion onEuthanasia is that it should be legalised because the patients get to die in less pain andsuffering as possible& the ma'ority of the public believe that Euthanasia should be allowedmorally and in a free society an individual should be able to choose their time of death.

(atients with such diseases as cancer should be allowed to choose their time ofdeath. This is because cancer is the most common cause of death in #ustralia& accountingfor more than a quarter of all deaths. There is ma'or pain that is associated with cancersuffers and it is a severe and intractable form of chronic pain.

(atients with advanced cancers often e)perience multiple symptoms like fatigue&

weakness& mental ha*iness& an)iety and nausea. %any of these symptoms can not beeliminated and any may widely affect the function of sense and well being. This can cause ama'or source of distress to the terminally ill and it can cause e)tremely unpleasantsymptoms& which are undignified in the terminal stage.

This is where Euthanasia would be able to step in and with the request from thepatient or their legal representative put a stop to their pain and suffering. + also agree thatspecial guidelines must be put into stop abuse from families that may profit form the death ofa person.

+n #ustralia the public opinion also supports Euthanasia being legalised. +t is aroundthree quarters of the population in #ustralia that are in favour of doctors giving or practicingEuthanasia if requested by a terminally ill patient who is e)periencing unrelievable suffering.This is based on the responses to the %organ (oll question, - +f a hopelessly ill patient&

e)periencing unrelievable suffering with absolutely no chance of recovery& asks for a lethaldose& so as not to wake again& should the doctor be able to give the lethal dose.

+n /01 only 234 said -yes5. +n //6 374 and in //2 and //8 324 answered with-yes5. "ow only 74 say -no5 and another 74 are undecided. 9rom this poll the peoplehave stated that in some circumstances !oluntary Euthanasia should be allowed to bepracticed.

+n a free society a person should be able to choose the time of their death if they areterminally ill. +f we are to be truly living in a free society a person should be able to requesttheir doctor to perform !oluntary Euthanasia if they are terminally ill. +n not being able torequest this means that we are not allowed too freely decide our own fate.

+ believe that Euthanasia should be legalised because if policed properly it can put aperson out of intolerable suffering in which they will die in more pain anyway. #t the presentmoment under some circumstances the public also agree that a patient should be able torequest !oluntary Euthanasia to be practiced on them. +t is also that a person should alsobe able to choose his or her own time of death if we are to be living in a fee society. +f aperson is allowed to legally refuse treatment that will in a consequence end their life& wellwhy cant a person 'ust be put out of intolerable suffering and achieve the same fate:

Euthanasia ;from ?@?A? C Dgood deathD, = & euC DwellD or DgoodD >@?FGH&thanatosC DdeathDI refers to the practice of intentionally ending a life in order to relieve painandsuffering.

There are different euthanasia laws in each country. The British ouse of Kords Lelect

$ommittee on %edical Ethics defines euthanasia as Da deliberate intervention undertaken
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with the e)press intention of ending a life& to relieve intractable sufferingD.+n the "etherlands&euthanasia is understood as Dtermination of life by a doctor at the request of a patientD.

Euthanasia is categori*ed in different ways& which include voluntary& nonMvoluntary& orinvoluntary. !oluntary euthanasia is legal in some countries& N.L. states& and $anadian(rovinces. "onMvoluntary euthanasia is illegal in all countries. +nvoluntary euthanasia isusually considered murder. #s of 1OO0& euthanasia is the most active area of research incontemporary bioethics.

+n some countries there is a divisive public controversy over the moral& ethical& and legalissues of euthanasia. Those who are against euthanasia may argue for the sanctity of life&while proponents of euthanasia rights emphasi*e alleviating suffering& bodily integrity& selfMdetermination& and personal autonomy. Jurisdictions where euthanasia or assisted suicideislegal include the "etherlands&Belgium& Ku)embourg& Lwit*erland&Estonialbania& the NLstates of ashington& Pregonand %ontana& and& starting in 1O8& the $anadian (rovince ofQuebec

The arguments for euthanasia,

. We need it M Rthe compassion argument. Lupporters of euthanasia believe thatallowing people to Rdie with dignity is kinder than forcing them to continue their liveswith suffering.

1. We want it M Rthe autonomy argument. Lome believe that every patient has a right tochoose when to die.

6. We can control it -Rthe public policy argument. (roponents believe that euthanasiacan be safely regulated by government legislation.

The arguments against euthanasia,

. Alternative treatents are availa!le" such as #alliative care and hos#ices$ edo not have to kill the patient to kill the symptoms. "early all pain can be relieved.

1. There is no %ri&ht' to !e (illed and there are real dan&ers o) %sli##er* slo#es'$Ppening the doors to voluntary euthanasia could lead to nonMvoluntary andinvoluntary euthanasia& by giving doctors the power to decide when a patients life isnot worth living. +n the "etherlands in //O around &OOO patients were killed withouttheir request.

6. We could never trul* control it$ Seports from the "etherlands& where euthanasia

and physicianMassisted suicide are legal& reveal that doctors do not always report it.

2. The assu#tion that #atients should have a ri&ht to die would i#ose ondoctors a dut* to (ill& thus restricting the autonomy of the doctor. #lso& a Rright todie for some people might well become a Rduty to die by others& particularly thosewho are vulnerable or dependent upon others.

Euthanasia in India

(assive euthanasiais legal in +ndia. Pn 3 %arch 1O the Lupreme $ourt of +ndialegalised

passive euthanasia by means of the withdrawal of life supportto patients in a permanentvegetative state. The decision was made as part of the verdict in a case involving #runa
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Lhanbaug& who has been in a vegetative state for 63 years at ing Edward %emorialospital. The high court re'ected active euthanasia by means of lethal in'ection. +n theabsence of a law regulating euthanasia in +ndia& the court stated that its decision becomesthe law of the land until the +ndian parliament enacts a suitable law. #ctive euthanasia&including the administration of lethal compounds for the purpose of ending life& is still illegalin +ndia& and in most countries.

+ontents

#runa Lhanbaug case

1 Lupreme $ourt decision

6 Sesponse

Aruna Shan!au& case

#runa Lhanbaug was a nurse working at the E% ospital in %umbaion 13 "ovember/36 when she was strangled and sodomi*ed by Lohanlal almiki& a sweeper. Uuring theattack she was strangled with a chain& and the deprivation of o)ygen has left her in a

vegetative state ever since. Lhe has been treated at E% since the incident and is kept aliveby feeding tube. Pn behalf of #runa& her friend (inki !irani& a social activist& filed a petition inthe Lupreme $ourt arguing that the Dcontinued e)istence of #runa is in violation of her rightto live in dignityD. The Lupreme $ourt made its decision on 3 %arch 1O. The court re'ectedthe plea to discontinue #runaVs life support but issued a set of broad guidelines legalisingpassive euthanasia in +ndia. The Lupreme $ourtVs decision to re'ect the discontinuation of#runaVs life support was based on the fact that the hospital staff who treat and take care ofher did not support euthani*ing her.

Su#ree +ourt decision

hile re'ecting (inki !iraniVs plea for #runa LhanbaugVs euthanasia& the court laid out

guidelines for passive euthanasia. #ccording to these guidelines& passive euthanasiainvolves the withdrawing of treatment or food that would allow the patient to live. 9orms ofactive euthanasia& including the administration of lethal compounds& legal in a number ofnations and 'urisdictions including Belgiumand the "etherlands&as well as the NL states ofashingtonand Pregon& are still illegal in +ndia.

Elsewhere in the world active euthanasia is almost always illegal. The legal status of passiveeuthanasia& on the other hand& including the withdrawal of nutrition or water& varies acrossthe nations of the world. #s +ndia had no law about euthanasia& the Lupreme $ourtVsguidelines are law until and unless (arliament passes legislation. +ndiaVs %inister of Kaw andJustice& !eerappa %oily& called for serious political debate over the issue. The followingguidelines were laid down,

. # decision has to be taken to discontinue life support either by the parents or thespouse or other close relatives& or in the absence of any of them& such a decision canbe taken even by a person or a body of persons acting as a ne)t friend. +t can also betaken by the doctors attending the patient. owever& the decision should be takenbona fide in the best interest of the patient.

1. Even if a decision is taken by the near relatives or doctors or ne)t friend to withdrawlife support& such a decision requires approval from the igh $ourt concerned.

6. hen such an application is filled the $hief Justice of the igh $ourt should forthwithconstitute a Bench of at least two Judges who should decide to grant approval or not.# committee of three reputed doctors to be nominated by the Bench& who will givereport regarding the condition of the patient. Before giving the verdict a notice
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regarding the report should be given to the close relatives and the Ltate. #fterhearing the parties& the igh $ourt can give its verdict.

Res#onse

#fter the court ruling The Telegraph consulted with %uslim& indu& Jain and $hristianreligious leaders. Though generally against legalising euthanasia& $hristians and the Jainsthought passive euthanasia was acceptable under some circumstances. Jains and indus

have the traditional rituals Santhara and Prayopavesa respectively& wherein one can endoneVs life by starvation& when one feels their life is complete.

Lome members of +ndiaVs medical establishment were skeptical about euthanasia due to thecountryVs weak rule of law and the large gap between the rich and the poor& which might leadto the e)ploitation of the elderly by their families.

S+ wants countr*wide de!ate on le&ali,in& euthanasiaUhanan'ay %ahapatra& T"" W Jul 0& 1O2& 1.88(% +LTLupreme $ourt"E UEK+, The Lupreme $ourt on ednesday issued notice to all states and Nnion

territories on a plea for legali*ing passive euthanasia.

#n ape) court constitution bench headed by $hief Justice S% Kodha& Justice Jagdish Linghhehar& Justice J. $helameswar& Justice # Likri and Justice Sohinton 9ali "ariman issuedthe notice on a plea filed with it& saying the question of passive euthanasia ;mercy killingIneeds a comprehensive e)amination as there was no authoritative 'udicial pronouncementon the issue.

The notice is returnable in eight weeks.

The L$ has appointed former solicitor general TS #ndhyaru'ina as amicus curiae to assist itin the case relating to legali*ing euthanasia.

The $entre& however& strongly opposed the plea saying it cannot be legali*ed as it is a formof suicide which is an offence in the country. +t said that if euthanasia is legali*ed& then it willbe misused.

#ttorney general %ukul Sohatgi submitted that the issue should be debated and decided bythe legislature and that it is not a matter to be ad'udicated by the court.

De do not accept passive euthanasia. +t is one form of suicide and suicide is an offence&Dhe said& adding& D+t is a matter for legislature to decide.D

+t asked the petitioner on what is least painful way to bring life to an end as there has been

discussion going on across the world on the matter and there is no unanimous finding.

The court has also issued notice as attorney general %ukul Sohatgi told it that the issueentirely concerns the legislature and the 'udiciary should not take it up.

The matter came on a plea by an "

Documents

Exposition Euthanasia