PubMed Health⌕ Search

PubMed · 16602214

Moving from voluntary euthanasia to non-voluntary euthanasia: equality and compassion.

Abstract

The recent Dutch law legalising active voluntary euthanasia will reignite the euthanasia debate. An illuminating method for evaluating the moral status of a practice is to follow the implications of the practice to its logical conclusion. The argument for compassion is one of the central arguments in favour of voluntary active euthanasia. This argument applies perhaps even more forcefully in relation to incompetent patients. If active voluntary euthanasia is legalised, arguments based on compassion and equality will be directed towards legalising active non-voluntary euthanasia in order to make accelerated termination of death available also to the incompetent. The removal of discrimination against the incompetent has the potential to become as potent a catch-cry as the right to die. However, the legalisation of non-voluntary euthanasia is undesirable. A review of the relevant authorities reveals that there is no coherent and workable "best interests" test which can be invoked to decide whether an incompetent patient is better off dead. This provides a strong reason for not stepping onto the slippery path of permitting active voluntary euthanasia.

Explore related subjects

Keep this discovery

Explore connections, maps & timelines

BibTeXRIS

Kumar Amaraskekara, Mirko Bagaric. 2004. Moving from voluntary euthanasia to non-voluntary euthanasia: equality and compassion.. https://doi.org/10.1111/j.1467-9337.2004.00275.x

Cite the original work for its findings. Save a collection to share your selection of sources.

KEEP EXPLORING

Related citations

Justice and equality in mental health law: the European experience.

This is the text of a lecture delivered at the World Conference of the International Academy of Law and Mental Health in Sydney in September 2003 on the occasion of the award to the author of the Prix Philippe Pinel. Its theme is the potential of the European Convention on Human Rights to secure the human rights of people with mental disorders and disabilities, viewed in the context of the legislation on mental health and mental incapacity in England and Wales. Its conclusion is that the Convention is better at protecting them from unwanted or unnecessary treatment and care than it is at securing for them equal access to the treatment and care they want or need. The lecture has been updated to reflect developments in the United Kingdom since 2003.

Civil Rights↗

["For the welfare of patients"--is this really the case?].

According to a decision by the German Federal Constitution Court (1 BvR 347/98), it is illegal to refuse compulsorily insured persons therapy if they suffering from a lifethreatening disease against which there is no effective therapy on the basis of current medical science. The chosen method of treatment should offer a not entirely remote chance of healing. What counts is the effect treatment has in each individual case. Serious objections to the the Court's criteria have been expressed by medical and legal experts, who contend that the Court has disregarded patients' protection against unknown risks and "quackery" as well as the incalculable financial effects on the community of insureds.

Civil Rights↗