Human rights,race & sexuality in the Pacific – regarding others as ourselves

In this article, first delivered as a memorial lecture in Fiji, the author traces the life of Sir Moti Tikaram, a distinguished judge and public officeholder. Drawing on Sir Moti’s lifetime struggle against discrimination on the grounds of race, the author examines analogous issues raised by discrimination on the grounds of sexual orientation and gender identity. He traces the growing concern over these issues in a number of international bodies. He then examines moves for law reform in the Pacific and South Asia. The obstacles and impediments are explained, as are the fitful moves forward. Terminating discrimination on the basis of indelible features of nature is still a significant challenge in many Commonwealth countries. Sir Moti Tikaram’s dream is as yet unfulfilled.     

The way assisted suicide is legalised: balancing a medical framework against a demedicalised model

To date, in three European countries and three American states--i.e., The Netherlands, Luxemburg, Switzerland, and the states of Oregon, Washington and Montana--it is permitted by law for one person to assist in the suicide of another person. When comparing the legislations of these countries/states, it becomes apparent that The Netherlands, Luxemburg, Oregon, Washington and Montana have chosen a medical approach (the so-called medical model), whereas the Swiss legal framework for assisted suicide is clearly a non-medical one (the demedicalised model). The differences between these two models mainly concern two aspects: the requirement as to the capacity of the person providing assistance in suicide and the condition regarding the state of health of the person committing suicide. A closer view on the practice of assisted suicide in the depenalising countries shows that the differences are smaller than initially thought. Nevertheless, important distinctions still remain. When analysing which model is most preferable, it is concluded that an involvement of a physician is inevitable and necessary and that the requirement of a certain medical condition is needed to set a clear and objective limit.