Euthanasia+and+Law

Elijah Rushing Gary Fuller Michael Matthews
 * Bar Hungers**

According to Duguet (2001), "In France, euthanasia is discussed more from a phylosophical than a legal point of view" (p. 106). However, in some countries it is different. It is considerred to be form of suicide. Duguet also stated that, courts decission on euthanasia in France is a criminal qualification, it is a from of murder, assassination, or poisoning (p. 110). "English law is clear on the legal consequences of euthanasia. It is illegal in the sense that it offends the criminal law", Grubb, (2001) (p. 89). This is due to the fact that if someone one takes another person's life he/she will be charge with murder. Hence, euthanasia is considerred the same as assisting in the taking of a life (suicide).

There are countries that allow the procedure with the provision of certain requirements. One of these countries is Dutch. Weber stated (2000), "on November 28 the majority of the Dutch parliament (with exception of the Christian Democrats) voted the new euthanasia proposal into law" (p. 1911). This country was the first in the world to allow physicians to provide services in the assistance of suicide as long as there are certain requirements. Up until 2002 the European countries were still divided on the topic of euthanasia. Even though they had majority countries oppossing the number of countries that supported it were increasing. According to Nicholson (2002), " obvious examples in Europe are Belgium and The Netherlands, both of which have decided to make voluntary euthanasia lawful, provided strict safeguards are adhered to" (p. 9). 

This is a link to a few cases and references from the legal system and doctors from around the world. [|Click here] There was a case with a woman named Karen Ann Quinlan who died in a vegetation state. She was 21 when she first went into a coma and then woke up a year later, but still a vegetable. She was being artificially fed until she died ten years after she was first in a coma. That seems kind of cruel. Here is a link to that article: [|Case] **Oregon Death with Dignity Act** Oregon installed the Death with Dignity Act (DWDA) in 1997. The DWDA has a few laws under prescribed lethal injections. One is Terminally ill adult Oregonians having a life expectancy of less than six months may call for medication to end their lives. Also they need two oral request and one written request is necessary. Another law is a mandatory fifteen day waiting period between the first oral request and date when the pateint may recieve the mdeication is allocated. A physician's diagnosis must be confirmed by a consulting physicain and both must determine if the patient is in the right mental mind to make this vital decision. Since the law was passed two hundred and ninty-two patients have died under the term of this law. Data has been required to be collected to try and find trends in people who use it. Participants were more likely to have cancer, and have more of a formal education with at least a baccalaueate degree than other simular death cases in Oregon. UK Recommendations and Guidelines **

These are some of the recommendations that are currently present in the UK in the European Journal of Health Law: – We recommend to consider explicit inclusion of the following clause in the Criminalmedia type="youtube" key="hssHdHGYlgM" height="340" width="560" align="right" Code: life termination should not be taken to mean indicated and proportional use of medicines to alleviate suffering, even if this means that the doctor is hastening the death of the patient. – We recommend implementing the punishability of failure to report life termination upon request or assistance in suicide in another way, thereby amending Article 293 paragraph 2 of the Criminal Code in such a way that invoking statutory defence as stated in this regulation no longer requires the doctor to report the case of euthanasia or assistance in suicide to the municipal forensic pathologist. – We recommend sanctioning insufficient medical care taken when terminating life upon request or giving assistance in suicide using other means than those provided under criminal law, thereby amending Article 293 paragraph 2 in such a way that complying with the requirement for acting with due care is no longer necessary to be able to invoke statutory defence as stated in this regulation. – It should be explicitly laid down in the law that RTEs have the option of handing over a case  to the Inspectorate, even if this case is assessed as having been handled with due care.   These are some of the guidelins currently present in the UK in the European Journal of Health Law:
 * Guidelines and Organisational Policy **

– Health carmedia type="youtube" key="LggBVJ_3RRg" height="344" width="425" align="left"e institutions must always acquaint professionals in their employment withtheir organisational policy regarding euthanasia and assistance in suicide. – More attention should be devoted to the position of nursing staff in guidelines forhealth care institutions. – Health care institutions should have at their disposal high-quality, up-to-date guidelinesfor euthanasia, which accurately state the boundaries of the law. In order to supportinstitutions in this, it is advisable to devise a national model guideline for suchinstitutions; umbrella organisations can be of assistance in this regard. – Guidelines and protocols for institutions and professional medical organisations cancontribute to physicians’ legal certainty by devoting attention to the boundariesbetween life termination and other types of terminal care, to the significance of thephysician’s intention and to the medicines to be administered. – The Health Care Inspectorate should incorporate institutional policy on euthanasiaand assistance in suicide, and the quality of the guidelines devised in this regard, into the regular supervision of institutions

We all share different views in the case of euthanasia. Some people believe if someone is so far off (a vegetable) then he/she show be relieved of his/her pain. On the other hand, some people believe that people deserve the franchise of waiting for God to take then when the right time comes. There was a case related to this after huricane Katrina. Here is a link to this where two nurses were taking part in killing people in a hospital after huricane Katrina [|Click here]. Pou one of the nurses stated on CBS News 60 minutes September 2006, "I want everybody to know that I am not a murderer, that we are not murderers."


 * References **

Duguet, A. (2001). Ethansia and assistance to end of life legislation in France. //European Journal of Health Law 8,// 106 & 110. Retrieved from academic search premier data.

Gevers, S. (2007). Evaluation of the dutch legislation on euthanasia and assisted suicide. //European Journal of Health Law//, //14//(4), 369-379. doi:10.1163/092902707X263553.

Grub, A. (2001). Euthanasia in England a law lacking compassion. //European Journal of Health Law 8,// 89. Retrieved from academic search premier data.

Winebert, H., & Werth, J. (2003). //Physician-assisted suicide in oregon// [ Vol. 27 Issue 6, p501, 18p]. (Death Studies), Retrieved from [40sessionmgr4&bdata=JkF1dGhUeXBlPXVybCxjb29raWUsaXAsdWlkJnNpdGU9ZWhvc3QtbGl2ZSZzY29wZT1zaXRl#db=aph&AN=9946191|http://web.ebscohost.com/ehost/detail?vid=9&hid=4&sid=0acfea54-9d9e-41ac-a7de-6c744904fe43%40sessionmgr4&bdata=JkF1dGhUeXBlPXVybCxjb29raWUsaXAsdWlkJnNpdGU9ZWhvc3QtbGl2ZSZzY29wZT1zaXRl#db=aph&AN=9946191] Nicholson, R. (2002). Death is the remedy. //Old World News.// 9. Retrieved from academic search premier data.

Weber, W. (2000). Dutch euthanasia law passed by parliament. //The Lancet Vol 356. 1911.// retrieved from academic premier data.

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