The moral case for the legalisation of voluntary euthanasia

If a person is suffering from illness or disability and wishes to end their life the law ought to facilitate rather than frustrate that choice argues Graham Oddie in this article. He points out the inconsistencies in current medical practice, and the gross disparity between the practice and the letter of the law. In dismissing many of the commonly raised objections to calls for reform of the law permitting euthanasia he makes a strong case for consistency in our approach to the right to die and patient autonomy.     

Non-voluntary and involuntary euthanasia in The Netherlands: Dutch perspectives

During the summer of 1999, twenty-eight interviews with some of the leading authorities on euthanasia policy were conducted in the Netherlands. They were asked about cases of non-voluntary (when patients are incompetent) and involuntary euthanasia (when patients are competent and made no request to die). This study reports the main findings, showing that most respondents are quite complacent with regard to breaches of the guideline that require the patient's consent as a prerequisite to performance of euthanasia.     

The new regulation of voluntary euthanasia and medically assisted suicide in the Netherlands

On 1 April 2002 the Dutch Bill 'Termination of Life on Request and Assisted Suicide (Review Procedures) Act' (Wet toetsing levensbeeindiging op verzoek en hulp bij zelfdoding) came into force. This article starts with an outline of the former legal position in The Netherlands regarding euthanasia and medically assisted suicide, followed by an explanation of the new Act. The main focus of this contribution lays on the requirements of due care, the obligation to notify euthanasia to the coroner and the revised legal position of the so-called Regional Review Commissions. Furthermore, the article considers the termination of life in the case of minors and the function and requirements of written statements of euthanasia by patients no longer capable of communication. Finally, the article gives an overview of the problems [that] may come in the future concerning the approach to euthanasia in The Netherlands.     

Access and allocation in earth system governance: lessons learnt in the context of the Sustainable Development Goals

International Environmental Agreements: Politics, Law and Economics - Researching socio-ecological justice issues in earth system governance can be operationalized through an Access (securing...     

Equity,justice and the SDGs: lessons learnt from two decades of INEA scholarship

International Environmental Agreements: Politics, Law and Economics - Environmental justice issues have been incrementally but consistently covered within this journal in the last two decades. This...     

Academic freedom as insubordination: the legalisation of the academy

Australian academics, like their overseas counterparts, have, over recent years, felt an attenuation of the freedom traditionally ascribed to the academic. This attenuation has been accompanied by termination of employment, legal proceedings, and limitations placed on use of facilities or previously enjoyed freedoms. This paper considers the notion of academic freedom, and its traditional justification. It assesses the basis of that justification in the changing environment of higher education, and asserts that the need for academic freedom is not diminished by the commercialisation of the academy. Quite the reverse is the case. The paper considers the legal justifications for attacks on academic freedom, and the premises upon which they are based, with a view to arming the academic against such justifications.     

CARICOM,the CSME,and absolute sovereignty: lessons learnt on the road towards regional integration

As a regional bloc, the Revised Treaty of Chaguaramas (RTC) provides an opportunity for all of its Member States to benefit from regional integration and to better withstand the effects of globalisation. This article examines two recent cases involving Guyana that were litigated before the Caribbean Court of Justice (CCJ) (the 2009 “TCL Case” and 2014 “Rudisa Case”) and discusses several important issues borne out during the cases, whereas also highlighting potential or emergent issues which may emanate from these cases in the future. These cases are analysed with a view to highlighting the important role of the CCJ in interpreting the RTC.     

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.