Re herrington: Aboriginality and the quality of human rights jurisprudence in end-of-life decisions by the australian judiciary
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
In Re Herrington  VSC 151 (King’s Case) the partner and family of an Aboriginal woman (diagnosed as being in a persistent vegetative state after an accident) sought an order from the Victorian Supreme Court that the decision of her treating doctors to withhold further medical treatment be opposed. The resultant judicial decision contains a very brief review of the now considerable case law in this area, does not mention the increasingly important role of clinical ethics committees in this context, or discuss the relevance of recently passed human rights legislation in Victoria. Given the statutory requirement for judicial reference to international human rights norms in jurisdictions such as Victoria and the Australian Capital Territory and their increasing importance in other developed nations, the authors highlight the need for the Australian judiciary to lift the quality of their jurisprudence in relation to end-of-life cases.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
James Griffin (2001). The Presidential Address Discrepancies Between the Bestphilosophical Account of Human Rights and the International Law of Human Rights. Proceedings of the Aristotelian Society 101 (1):1–28.
Douwe Korff, The Right to Life: A Guide to the Implementation of Article 2 of the European Convention on Human Rights.
Philip Howard (2005). Lecture Notes. Blackwell Pub..
Terry Carney & Fleur Beaupert, Mental Health Tribunals: Rights Drowning in Un-'Chartered' Health Waters?
Larry May (2010). Habeas Corpus as Jus Cogens in International Law. Criminal Law and Philosophy 4 (3):249-265.
Thérèse Murphy (ed.) (2009). New Technologies and Human Rights. Oxford University Press.
Added to index2009-05-28
Total downloads6 ( #289,508 of 1,696,455 )
Recent downloads (6 months)1 ( #339,107 of 1,696,455 )
How can I increase my downloads?