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The Right to Die with Dignity The Right to Die Sooner Rather than Later The Right to Choose an Appropriate Death Human Values involved: Freedom, Dignity, Privacy, Humaneness OUTLINE I. The Right to Die?
II. Refusing Medical Treatment
I. The Right to Die? Right to Die : Meaning It does not exist! Right= something to which one has a just claim power or privilege to which one is justly entitled something that one may properly claim as due Wherever there is a right there are corresponding duties . if there was a right to die there would need to be a duty to kill that someone or agency in society would be required to fulfill. There is a right to self determination, right to life, a right to liberty and a right to the pursuit of happiness but there is NO RIGHT under the LAW to die! Right to Die not to be confused with the issue of defining Death This issue deals with human beings who are alive but may not wish to be or others may want their lives to end soon rather than to go on with life under less than desirable circumstances or even in hopeless circumstances with incurable disease and pain and deterioration. Death with Dignity : Possible Meaning? Dignity is associated with worth or esteem. It is an attribute for a human being or the action of a human being. therefore Death can not have dignity. Dying can be dignified because dying is the action of a human being but not death. Death is the end of all the action of a human being. Dignity can not be imposed on anyone. It is earned. it results from individual actions. Others can permit , encourage, respect the actions of others which establish a person's dignity. Dignity can be taken from a person. Dying can become undignified when an individual is denied the ability to act, to decide and to express the values through which others consider them to be dignified.
EUTHANASIA: meaning A Greek word: A good or happy death: fast and painless and of one's choosing A positive Act. For the Hebrews and the Christians it was regarded as an evil act, a bad thing because it violated a commandment: Thou Shalt Not Kill.
Active and Passive Euthanasia Ordinary vs Extraordinary means: according to circumstances of place, time, financial resources Imperative vs Elective Procedures Imperative: Usual, Useful, proven effective, good chance of benefit in specific case Elective: Not proven therapeutic, experimental, unusual, useless, repugnant, unacceptable consequences (physical, emotional, financial) and not seen as requied by a reasonable person There does exist the right to refuse medical treatments that are elective for adults who are conscious and competent. There may exist the right to refuse Imperative treatments for adults who are competent and conscious. EXCEPTIONS: Prisoners and those with dependants. For the incompetent adult the appointed guardian may refuse elective treatments but a refusal of an imperative procedure may be challenged and the guardian accused of being unfit due to neglect of the welfare of the incompetent person.
Mercy Killing, Murder and the Legal System Very few people are actually convicted and serve time in prison. Most plead NOT GUILTY by reason of temporary insanity. Juries are not permitted to hear evidence of motive. It might be good to alter that rule to permit juries to do what they would normally do despite the instructions of the judge. Suicide: meaning and morality Is it suicide to refuse medical treatments? Even if those treatments will not cure a person of the disease or the threat to life?
II. Refusing Medical Treatment Refusing Treatment is not the same as Suicide
Stopping Treatment is NOT morally or legally distinct from not starting treatment If the conditions are the same there is no moral distinction between them. If the treatment is elective a person has the right of refusal AT ANY TIME! Stopping Treatment is NOT the same as Killing The cause of death is the accident or disease which resulted int he condition that is irreversible and life threatening and NOT the action of terminating treatments and support systems.. Direct vs Indirect Action: a moral principle, the double effect There must be NO INTENTION of deliberate termination of the life. There can only be a motivation or intention to end the suffering and pain or the artificial life support. Refusing Treatment: Religious Views On the Prolongation of Life: Pius XII Voluntary Ending of a Human life: Religious views The LEGAL Right to Refuse Medical Treatment
PHYSICIAN ASSISTED SUICIDE or TERMINATION of TREATMENT
Dutch Experience- 1993 Rules to allow physicians to assist or to kill people at their request- 2001 law passed to permit physicians to act to end life directly. 28 point check list 1990 2300 deaths that were voluntary and 400 assisted suicides 1. Patient-initiated request 2. Patient Competence 3. Informed about alternatives 4. Enduring Decision 5. Unbearable Suffering 6. Professional Consultation 7. Government Report 8. Signed and Witnessed Authorization |