Adherence to the Request Criterion in Jurisdictions Where Assisted Dying Is Lawful? A Review of the Criteria and Evidence in the Netherlands, Belgium, Oregon, and Switzerland

Journal of Law, Medicine and Ethics 41 (4):885-898 (2013)
  Copy   BIBTEX

Abstract

Some form of assisted dying (voluntary euthanasia and/or assisted suicide) is lawful in the Netherlands, Belgium, Oregon, and Switzerland. In order to be lawful in these jurisdictions, a valid request must precede the provision of assistance to die. Non-adherence to the criteria for valid requests for assisted dying may be a trigger for civil and/or criminal liability, as well as disciplinary sanctions where the assistor is a medical professional. In this article, we review the criteria and evidence in respect of requests for assisted dying in the Netherlands, Belgium, Oregon, and Switzerland, with the aim of establishing whether individuals who receive assisted dying do so on the basis of valid requests. We conclude that the evidence suggests that individuals who receive assisted dying in the four jurisdictions examined do so on the basis of valid requests and third parties who assist death do not act unlawfully. However, further research on the elements that may undermine the validity of requests for assisted dying is warranted. More research on the reasons why requests for assisted dying are refused is also desirable

Similar books and articles

Five words for assisted dying.Iain Brassington - 2008 - Law and Philosophy 27 (5):415 - 444.
Should assisted dying be legalised?Thomas D. G. Frost, Devan Sinha & Barnabas J. Gilbert - 2014 - Philosophy, Ethics, and Humanities in Medicine 9:3.
The case for euthanasia and physician-assisted suicide.Robin Gibson - 2013 - The Australian Humanist 109 (109):11.
Depression in the context of disability and the “right to die”.Carol J. Gill - 2004 - Theoretical Medicine and Bioethics 25 (3):171-198.
Oregon's experience: Evaluating the record.Ronald A. Lindsay - 2009 - American Journal of Bioethics 9 (3):19 – 27.

Analytics

Added to PP
2014-01-22

Downloads
1,119 (#10,134)

6 months
103 (#33,549)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Isra Black
University College London