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Euthanasia - Legal Studies Contemporary Issue @doniw

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Euthanasia

the act of deliberately terminating the life of an individual for the purpose of ending unbearable pain or sufferingmeans good or easy death in Greekpeople choose euthanasia because of an incurable medical conditionIntroduction Euthanasia!

Passive voluntary euthanasia - when medical treatment is withdrawn or withheld from a patient, at the patient's request, in order to end the patient's life.Active voluntary euthanasia - when medical intervention takes place, at the patient's request, in order to end the patient's life. (The most controversial one)Passive involuntary euthanasia - when medical treatment is withdrawn or withheld from a patient, not at the request of the patient, in order to end the patient's life.Active involuntary euthanasia - when medical intervention takes place, not at the patient's request, in order to end the patient's life.

Extract from aph.gov.au, 2014Forms of Euthanasia

Nature of Contemporary IssuePatients admitted to palliative care in Australian hospitals have increased by 56% in 2008-9 since 1999.The main reason for this figure is increased prevalence of incurable conditions such as cancer. As a result, issues around euthanasia have become increasingly prominent with time. A 2012 Australian online survey showed that 70% believed that euthanasia should be permissible, while 17% were unsure and the remaining 12% were against it.

Legal ResponsesAustraliaOn the 25th of May 1995, the Northern Territory was the first Australian jurisdiction to pass laws allowing euthanasia.The Rights of the Terminally III Act 1995 lasted nine monthsThe Australian Federal Parliament overturned the act by introducing the Euthanasia Laws Act 1997. The action removed the power for ACT, NT and Norfolk Island in legalising Euthanasia. Belgium On the 28th of May 2002 the Belgian Chamber of Representatives passed the Belgian Euthanasia Act. Euthanasia by lethal injection was legalised for children in Belgium on the 13th of February 2014. Netherlands Termination of Life on Request and Assisted Suicide Review Procedures Act legalised euthanasia and Physician Assisted Suicide in 2002. Belgium followed Netherlands.

Non-legal Responses to EuthanasiaReligious groups believe that euthanasia degrades the sanctity of life. Believe they have no right to interfere with it as it is God who determines their birth and death. Suffering, in a Christian view is valuable to commence. Therefore religious groups deem euthanasia is an immoral act that should not be legalised. Groups e.g. Australian Christian Lobby (ACL) play a significant role in shaping parliamentary decisions regarding the legal status of euthanasia in Australia.

Some view death as a fundamental human right. That is, an individual should have total control over how, when and where he or she shall die. However, this argument goes against the Hippocratic Oath and the role of the medical profession: to save life not to end it. It should also be recognised that an individuals right to die does not translate to anothers responsibility to kill. Many fear that they will lose trust in the medical profession if euthanasia is legalised they are worried about the prospect of dying from passive or involuntary euthanasia. This is referred to as the slippery slope. Non-legal Responses to Euthanasia

Are the Legal Reponses Effective?The legal response to euthanasia in Australia seems to be ineffective as it is not providing a clear solution for the terminally ill who are no longer interested in life.

Simply illegalising euthanasia can be seen as demolishing their rights for patient autonomy.

Those who wish to die without suffering further may feel that the legal response is unjust and has failed to protect individual rights.

Illegalising euthanasia may prompt these individuals end their lives by suicide or by consulting various resources on the internet.An organisation called Exit International founded by an Australian doctor Philip Nitschke, provides advice on various methods to end life.

Although his actions are considered legal for the time being and closely monitored by authorities, it seems that he has turned the euthanasia debate into an industry with a big financial potential.

The non-legal responses are ineffective as they seem to be concerned only about the rights of society, rather than those of terminally ill who are no longer interested in life.

The anti-euthanasia views also seem to degrade patient autonomy and control over ones body.

The supposed slippery slope seems to be an extension of imagination with no empirical basis the idea that individuals may be forced to undergo euthanasia is same as saying individuals are more likely to be deliberately killed today during surgery to harvest their organs.Is the Non-Legal Response Effective?

ConclusionEuthanasia is a very contentious issue. The legal and non-legal responses have failed to seek a balance between individual rights and needs of the state. This is purely a result of the complexity of the issue and multiple factors involved. In the future, evolution of laws and social values might provide a just solution for all.

BooksWalker, Richard. A Right to Die? New York: Franklin Watts, 1997. PrintHealey, Justin. The Euthanasia Debate. Vol. 173. Rozelle, N.S.W.: Spinney, 2002. Print. Tarakson, Stella. Euthanasia. Port Melbourne, Vic.: Heinemann Library, 2008. PrintHealey, Kaye. Whose Life Is It? Vol. 3. Australia: Spinney, 1992. Print.

Websitesaph.gov.au. 2014. Euthanasia - the Australian Law in an International Context Parliament of Australia. [online] Available at: www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/RP9697/97rp3 [Accessed: 19 Mar 2014].bbc.co.uk. 2014. BBC - Ethics - Euthanasia: Forms of euthanasia. [online] Available at: http://www.bbc.co.uk/ethics/euthanasia/overview/forms.shtml [Accessed: 19 Mar 2014].Zdenkowski, G. 2014. Human Rights and Euthanasia. [online] Available at: http://www.humanrights.gov.au/sites/default/files/content/pdf/human_rights/euthanasia.pdf [Accessed: 19 Mar 2014].Wikipedia. 2014. Legality of euthanasia. [online] Available at: http://www.en.wikipedia.org/wiki/Legality_of_euthanasia [Accessed: 19 Mar 2014].Andrea Curr, S. C. 2014. R v Justins - LIAC Crime Library - Research guides at State Library of New South Wales. [online] Available at: http://www.guides.sl.nsw.gov.au/content.php?pid=242811&sid=2189500 [Accessed: 19 Mar 2014].Bbc.co.uk. 2014. BBC - Ethics - Euthanasia: Ethics of euthanasia - introduction. [online] Available at: http://www.bbc.co.uk/ethics/euthanasia/overview/introduction.shtml [Accessed: 18 Mar 2014].Wikipedia. 2014. Euthanasia in Australia. [online] Available at: http://www.en.wikipedia.org/wiki/Euthanasia_in_Australia#Legalisation_in_the_Northern_Territory [Accessed: 19 Mar 2014].Development, K. 2014. Euthanasia | Questions & Answers. [online] Available at: http://christianity.net.au/questions/euthanasia [Accessed: 19 Mar 2014].Acl.org.au. 2014. About: Australian Christian Lobby. [online] Available at: http://www.acl.org.au/about/ [Accessed: 19 Mar 2014].

Bibliography

Griffith, G. 2014. Issues Backgrounder: Euthanasia. [online] Available at: http://www.parliament.nsw.gov.au/prod/parlment/publications.nsf/key/Euthanasia/$File/Euthanasia+Issues+Backgrounder+update.pdf [Accessed: 1st Mar 2014].ABC News. 2012. Survey shows support for legalised euthanasia. [online] Available at: http://www.abc.net.au/news/2012-11-16/survey-shows-australian-support-for-legalised-euthanasia/4376524 [Accessed: 19 Mar 2014].Newhealthguide.org. 2014. Where Is Euthanasia Legal? | New Health Guide. [online] Available at: http://www.newhealthguide.org/Where-Is-Euthanasia-Legal.html [Accessed: 19 Mar 2014].Aph.gov.au. 2014. Euthanasia - the Australian Law in an International Context Parliament of Australia. [online] Available at: http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/RP9697/97rp4#magic_tag_45 [Accessed: 19 Mar 2014].Wikipedia. 2014. Philip Nitschke. [online] Available at: http://www.en.wikipedia.org/wiki/Philip_Nitschke [Accessed: 19 Mar 2014].Wikipedia. 2014. Oregon Ballot Measure 16 (1994). [online] Available at: http://en.wikipedia.org/wiki/Oregon_Ballot_Measure_16_(1994) [Accessed: 19 Mar 2014].

Doh.wa.gov. 2014. Death with Dignity Act :: Washington State Dept. of Health. [online] Available at: http://www.doh.wa.gov/YouandYourFamily/IllnessandDisease/DeathwithDignityAct.aspx [Accessed: 19 Mar 2014].Austlii.edu.au. 2014. De Bondt, Walter --- "The New Belgian Legislation on Euthanasia" [2003] IntTBLawRw 12; (2003) 8 International Trade and Business Law Review 301. [online] Available at: http://www.austlii.edu.au/au/journals/IntTBLawRw/2003/12.html [Accessed: 19 Mar 2014].Consciencelaws.org. 2014. Belgium: Mandatory Referral for Euthanasia. [online] Available at: http://www.consciencelaws.org/background/procedures/assist008-001.aspx [Accessed: 19 Mar 2014]. Life.org.nz. 2014. Ethical Key Issues - Euthanasia | The Life Resources Charitable Trust. [online] Available at: http://www.life.org.nz/euthanasia/euthanasiaethicalkeyissues/ [Accessed: 19 Mar 2014].

Bibliography

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