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    The Ban of Euthanasia and its Impact on Developed Countries

    Emma Allison

    Mr. Torlee

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    Table of Contents

    Preface

    3

    Background

    E!pert "#

    $ole of Control "3

    %ogic of Evil "&

    Case 'tud() Australia "*

    Case 'tud() India +3

    Case 'tud() The ,etherlands +*

    International -rganiations 3"

    Canadian Connection 3/

    'olutions 30

    1orks Cited /+

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    Preface

    'uffering and pain can onl( 2e tolerated for so long until a cure is discovered or alternate

    options of ending pain are availa2le. Each (ear thousands of lives are lost to various forms of

    terminal illnesses such as cancer Alheimer4s disease and A%'. Man( lives end painfull( due to

    the illness4 affects. Euthanasia is defined as 5the act of putting to death painlessl( or allo6ing to

    die as 2( 6ithholding e!treme medical measures a person or animal suffering from an

    incura2le especiall( a painful disease or condition7 8dictionar(reference.com +#"9. This is a

    general e!planation as there are man( forms of euthanasia ho6ever the main purpose is to end

    one4s suffering. Passive euthanasia 6hich is simpl( the refusal of medical treatment or food and

    6ater is permitted in most countries around the 6orld. Active euthanasia ho6ever 8also kno6n

    as ph(sician assisted suicide9 is 6hen a medical professional uses a drug to end the patient4s life.

    It is 2anned in man( developed countries such as most of the :nited 'tates '6iterland and

    ;erman( and until recentl( Canada. In countries 6here active euthanasia is prohi2ited

    thousands of patients find that the long the possi2ilit( of 2eing vegeta2le?like for some period

    of time4 2efore their deaths and *= fear >the possi2ilit( of great ph(sical pain4 2efore death7

    8Ivan et al. +##* p.*@9. or some patients 6ho have no hope of recovering from an illness it is

    comforting to kno6 that euthanasia is an alternative to suffering. -thers in anti?euthanasia

    countries are forced to live the last (ears of their life 6ithout choice 6itnessing other forms of

    passive euthanasia 2e condoned and spending thousands of dollars on end of life care. These

    factors all impact the countries themselves.

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    The issue is under scrutin( and it is a 6orld6ide controvers( man( 2elieve that

    euthanasia is against all that life 6as created for. There have 2een countless de2ates on the

    unethical practices of euthanasia 2ut some argue that it is euall( as unethical to force someone

    to continue to live even if the( are in pain. Also there are man( forms of passive euthanasia that

    are practiced often in hospitals. The do?not?resuscitate order is permitted 2( a doctor 6here if

    the patient4s heart stops 2eating the medical professional does not perform cardiopulmonar(

    resuscitation 8MedicinePlus +#"/9. This order is legal 2ecause it is e!pected that the patient 6ho

    suffered 6ould have a lo6 ualit( of life or shorter life if the( 6ere to 2e resuscitated. This in a

    6a( is similar to euthanasia 2ecause if someone is kept alive 6hile enduring a terminal illness

    their ualit( of life suffers. Additionall( palliative sedation is a form of treatment used to ease

    pain 2ut could possi2l( end the patient4s life. The drugs that are administered are used on

    e!treme 2urn victims and could ultimatel( put them to sleep 85Arguments for and Against

    Euthanasia and Assisted 'uicide7 +#"/9. It is still unclear as to ho6 the legalities regarding

    palliative care are approached 2ut man( cases of palliative care are allo6ed even 6ith the risk

    of ending the patient4s life. There is also the 2rain death issue 6here famil( mem2ers of patients

    in comas are asked if the( 6ould like to continue or end life support. 'evere 2rain damage causes

    the patient to 2e in a persistent vegetative state 6hich is defined as 5a coma?

    like state characteried 2( open e(es and the appearance of 6akefulness 8Medicaldictionar(

    n.d.9. egetative state can lead to possi2le death and can also affect the patient4s ualit( of life

    after recovering from the coma. In some cases patients are taken off of life support after doctors

    determine that the patient 6ill not 6ake up or 6ill suffer after recover(. These various forms of

    end of life decisions and treatments are closel( related to euthanasia and all of them are legal in

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    most countries. Euthanasia is an ongoing de2ate and (et man( developed countries have still

    prohi2ited this medical practice.

    There are economic 2enefits to euthanasia ho6ever some countries are spending so

    much mone( on health care for patients 6ho 6ish to 2e euthanied and famil( mem2ers are

    spending savings on end of life care for their loved one. 1ith the 2a2( 2oom population aging it

    is e!pected that death rates 6ill increase meaning the cost of end of life care 6ill increase also.

    Canadian research sho6s that +& percent of health care mone( is spent on patients in their last

    (ear of life and the health care s(stem spends a2out 3&+ for end of life care for a terminall(

    ill patient 8Priest +#"+9. In the :nited 'tates the costs are even higher. Medical 2ills for families

    of patients is also a concern. A stud( in a medical school in the :.'. sho6ed that even 6ith

    private insurance the cost for long term illness treatment could 2e up to ### in the last &

    (ears of their life 81ang +#"+9. Patients 6ho 6ant to 2e euthanied are forced to go into de2t to

    pa( for e!pensive medical 2ills 6hich also causes great stress in the lives of their families. The

    cost of euthanasia treatment varies depending on the countr( although it 6ould 2e a fraction of

    the cost of end of life care. Also if euthanasia is prohi2ited in a countr( then medical resources

    are most likel( in short suppl(. If someone 6ho 6ishes to 2e euthanied is dependent on a health

    resource that is in high demand then that resource is not availa2le to another patient 6ho might

    2e cura2le or might not 6ish to 2e euthanied. If patients 6ere a2le to peacefull( end their life

    then medical resources could 2e more evenl( spread.

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    Background

    Euthanasia has recentl( 2ecome a topic of discussion ho6ever it is not a ne6 concept.

    Throughout histor( there 6ere al6a(s a num2er of groups 6ho opposed euthanasia and it

    seemed as though the pu2lic4s interest in the topic 6avered from anti?euthanasia to pro?

    euthanasia on numerous occasions. irst introduced in ancient ;reece euthanasia 6as a 6a( to

    dispose of the disa2led people in that societ( 6hen someone 6as diagnosed 6ith a terminal

    illness the( 6ere to drink a poison. The $omans 6ere mainl( against euthanasia the( 2elieved it

    6as murder 85;lo2al istor( of Euthanasia7 +#""9. The $omans 6ere the first societ( to

    disagree 6ith euthanasia. Christians and Fe6s 6ere the ne!t groups to oppose euthanasia as it

    6as against their religions. It 6as 2elieved and is still 2elieved toda( that life4s outcome is up to

    ;od and 2eing euthanied 6as opposing ;od4s 6ishes.

    Throughout the "&th?"*thcenturies there 6ere fe6 people 6ho 6ere challenging the vie6s

    of the church and openl( discussed the possi2ilit( of euthanasia. These people 6anted to

    discover 6a(s of ending life painlessl( and end the suffering of deathl( sick patients. B( the "@ th

    centur( American 'tates 6ere 2eginning to punish people 6ho 6ere involved in assisted suicide

    8;luscks2urg et al "00*9. This 2egan in ,e6 Gork in "@+@ people 6ere not allo6ed to aid

    suicide or 5furnish another person 6ith a deadl( 6eapon or poisonous drug kno6ing that such

    person intends to use such 6eapon or drug in taking his o6n life7 8;luscks2erg et al "00*9.

    o6ever euthanasia 6as 2eginning to gain support in the "0thcentur( as a result of medical

    advances. It 6as not seen as a 6a( to 2e rid of people 6ho 6ere no longer effective in societ(

    2ut 6as seen as a 6a( to help individuals in their time of need and provide them 6ith a peaceful

    death. De2ates regarding the topic 2egan to take form 2ut interest 2ecame minimal after a fe6

    (ears. 'upport 2egan to gro6 again for euthanasia during the ;reat Depression in the :.'.

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    although this 6as mainl( a2out the 5merc( killing of >infants 2orn permanentl( deformed or

    mentall( handicapped47 8Do62iggin +##39 due to the poor conditions and living standards at

    that time. Also after the ,ais had taken over ;erman( the( had forced doctors to 6ork for the

    interests of itler 6hich meant to euthanie thousands of disa2led and ill ;ermans. This sho6s

    the negative effects of euthanasia if taken advantage of and used for an evil purpose. B( "03

    the oluntar( Euthanasia %egislation 'ociet( 6as formed in England and a 2ill to legalie

    euthanasia 6as denied in the British ouse of %ords. This 6as a result of the ,ais taking

    advantage of the euthanasia la6s 6hich created a stigma that still e!ists toda(. A (ear later

    another Euthanasia Act 6as introduced 2ut in the :.'. 'enate 6hich 6as never passed. o6ever

    this sho6ed an ever?gro6ing interest 8illiard n.d.9. B( "0&+ 2oth the British and the American

    Euthanasia societies approached the :nited ,ations Commission of uman $ights to introduce a

    right for people 6ith terminal illness to euthanasia. Although due to the leadership of the

    Commission the reuest 6as never 2rought forth 8Hucker "0009. Throughout the "0*#s a

    num2er of countries including Fapan the ,etherlands and the :nited 'tates started to openl(

    discuss euthanasia in various organiational meetings to gain kno6ledge on the topic. Then in

    "0@# the 1orld ederation of $ight to Die 'ocieties 6as formed. The societ( is made up of

    numerous international euthanasia organiations 6hose mission is to ensure that)

    all competent adults ?regardless of their nationalities professions religious 2eliefs and

    ethical and political vie6s ? 6ho are suffering un2eara2l( from incura2le illnesses should

    have the possi2ilit( of various choices at the end of their life. Death is unavoida2le. 1e

    strongl( 2elieve that the manner and time of d(ing should 2e left to the decision of the

    individual assuming such demands do not result in harm to societ( other than the sadness

    associated 6ith death 85The 1orld ederation of $ight to Die 'ocieties7 +#"9

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    This organiation is still running toda( and man( countries are represented in the societ(. The(

    host international conferences on d(ing and 6ish to glo2all( spread the cohesiveness 2et6een

    the right to die organiations. In the same (ear the Catholic Church voiced that the( opposed

    euthanasia claiming that it is a 5crime against life and an attack on humanit(7 85Declaration on

    Euthanasia7 "0@#9. This 6as a religious opinion and therefore influenced Catholic4s opinions

    on ph(sician assisted death. B( this time several states in the :.'. had passed right to die 2ills

    and the ,etherlands had also approved voluntar( euthanasia under certain conditions 85A

    ;eneral istor( of Euthanasia +#""9. 'ome countries 6ere 2eginning to change their la6s to

    include d(ing rights 2ut the man( 6ere still opposed to allo6ing this in their nations. Through

    the "00#s and earl( +###s man( people 6ere taking advantage of the euthanasia la6s in

    '6iterland and committing suicide 6hich caused the '6iss government to revaluate their la6s.

    This is called 5suicide tourism7 6hen people go to a different countr( 6here euthanasia is

    allo6ed so the( can end their life legall(. This is a result of euthanasia 2ans in some countries

    6here people are forced to look else6here. In some cases desperate people have gone to

    e!treme lengths as a result of the 2an of euthanasia in the countr( the( live in.

    As an advocate for assisted d(ing Dr. Fack evorkian made a huge impact on the

    attitudes of euthanasia from 2oth sides of the issue. is 6ork 6as controversial it provoked

    uestions a2out the ethics of euthanasia and also sho6ed the lengths people 6ould go to 2e

    euthanied. e 6as a pathologist 6ho 6as involved in the assisted deaths of over "## ill patients.

    To some Dr. evorkian 6as seen as a murderer and he 6as given the nickname 5Dr. Death7 for

    his actions 2ut to others he 6as seen as a professional 6ho 6as interested in helping those in

    pain. As a (oung adult evorkian studied medicine and 2iolog( at the :niversit( of Michigan

    and during his studies he developed an o2session 6ith death. e 6as interested in learning a2out

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    the d(ing process and in the "0s he tried to promote the e!perimentation on prison inmates on

    death ro6. is unusual vie6s on 6a(s to end life 6ere seen as ridiculous and he did not gain

    support. %ater on in his life in the "00#s evorkian had learned a2out the ,etherlands4 la6s on

    lethal in

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    Expert

    Philip ,itschke is the founder of E!it International a pro?euthanasia organiation

    originall( founded in Australia in "00*. It is a non?profit organiation and has reached "@ ###

    mem2ers glo2all(. E!it International4s approach to death is)

    d(ing is not al6a(s a medical process. As such the d(ing process does not al6a(s need

    to involve the medical profession. This decision is 2est left to the individual concerned.

    E!it4s aim is to ensure the individual is full( supported 2( famil( and friends and has

    access to the 2est availa2le information 85E!it International7 +#"9.

    This is reflected in the attitudes of ,itschke he is a strong 2eliever in the human right to die and

    the planning of peaceful death. e 6as focused on the personal interests of each patient. ,ischke

    created an instrument used to in

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    This 6as performed under the Australian $ights of the Terminall( Ill Act in "00& 2ut t6o (ears

    later the la6 6as revoked. 1hen asked a2out his interest in the topic of assisted d(ing ,itschke

    sa(s)

    it 6asnJt as if I 6as motivated 2( m( mother or father having a 2ad death or an(thing

    like that. I 2ecame involved in the issue in its political aspect. I 6as anno(ed 2( the

    opposition especiall( the AMA 6hich said >6e donJt 6ant this la6 and 6ill make sure it

    never 6orks.4 I sa6 this as arrogance 2( the profession 2ecause it 6as clear the pu2lic

    6anted the la6 85Dr. Philip ,itschke NAustralian Euthanasia Campaigner7 +#""9.

    ,itschke 6anted to a2olish the 2an of euthanasia he detested the fact that the government 6as

    controlling the people4s rights to die and interfering in the interests of the terminall( ill. e felt

    that the la6s put in place to 2an euthanasia 6ere against 2asic human rights and advocated for

    the addition of the right to die to human rights. In an intervie6 he e!plained 5if 6e4re going to

    ackno6ledge the right to life 6e4ve got to ackno6ledge the right to dispose of that gift. That4s

    the right to death7 8,itschke +#"&9. e 6as part of an ongoing dispute 6ith the Australian

    government in regards to his opinions on the right to die and specificall( faced altercations 6ith

    the Medical Board of Australia. e 6as a co?author 6ith his former 6ife iona 'te6art of the

    2ook The Peaceful Pill Handbook 6hich provided readers 6ith information on ho6 to legall(

    access a lethal pill called ,em2utal 6hich is illegal to access in Australia. e 6anted to ensure

    his patients and people 6ho couldn4t 2e euthanied in their o6n countr( that there 6ere alternate

    options for them. After the death of an Australian man in +#"/ 6ho 6as not terminall( ill the

    Medical Board had suspended ,itschke4s registration. The man had o2tained the ,em2utal pill

    after reading ,itschke4s 2ook and he used it to end his life. After the incident ,itschke 6as in

    court against the Medical Board although his registration 6as restored after the ,orthern

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    Territor( 'upreme Court found him not guilt( and not a danger to his patients. o6ever in +#"&

    ,itschke 2urned his medical certificate ending his medicine career 85Dr. ,itschke and

    Euthanasia N ,itschke v Medical Board of Australia7 +#"&9. e is no6 devoting his time to

    lectures and information 6orkshops for E!it International as 6ell as 6orking 6ith patients and

    mem2ers in the organiation.

    or his efforts and dedication to the rights of people 6ho 6ant to 2e euthanied and also

    2ecause his efforts in the E!it International -rganiation ,itschke has received a num2er of

    a6ards. These include the $ainer oundation umanitarian A6ard in "00 ,orthern Territorian

    of the (ear in "00* Australian umanist of the Gear in "00@ the Charles 'outh6ell A6ard in

    +##" and 6as nominated for Australian of the (ear nine times 85E!it International4 +#"9.

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    Role of Control

    $ole of control is the group or individual 6ho has po6er and influence over the issue. In

    this case the role of control is the group 6ho makes la6s and decisions for the countr(. The

    governments of these nations are essentiall( 6ho make the e!ecutive decisions. These

    governments have taken the po6er from their citiens and denied them the right to choose their

    o6n fate. 'impl( put the governments 2an euthanasia so the( are in complete control over

    doctors and patients and maintain their po6er.

    -ne reason for the government to have full control over euthanasia la6s is to limit

    doctors and medical professionals4 control and po6er. If the governments 6ere to allo6 active

    euthanasia the( 6ould 5give one group of people 8e.g. doctors9 the right to kill another group of

    people 8e.g. their patients97 85Toronto $ight to %ife Association +#"9. This 6ould 2e difficult

    for the governments to monitor. ;iving doctors the po6er 6ould mean that the course of action

    of 6hether to euthanie a patient 6ould 2e up to each doctor4s discretion. A doctor 6ho is

    e!tremel( pro?euthanasia might 2e more 6illing or rash to euthanie a patient 6hile there are

    other options of care for that patient. This 6ould 2e out of the government4s control as it 6ould

    2e time consuming to investigate each patient4s condition and their 6illingness to 2e euthanied.

    Also the legaliation of euthanasia 6ould mean that governments 6ould have to determine if

    doctors 6ere all properl( informed a2out alternate care options. If a doctor is una6are of a

    medical option that 6ould prolong the patient4s life the( might suggest euthanasia 6ithout

    realiing the patient could have lived a 2etter ualit( life.

    ;overnments also 6ant to minimie the po6er of the patients themselves 2ecause of

    their vulnera2ilit(. Depression is a common side?effect of terminal illness and governments do

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    not 6ant depressed patients to 2e euthanied 2ecause the depression could 2e the real reason

    2ehind the 6ish to 2e euthanied rather than the illness itself. Also 6ith depression comes the

    feeling of 2eing a 2urden to famil(. A "000 stud( on patients 6ith am(otrophic lateral sclerosis

    revealed that 0"= of the patients 5= felt that their medical condition 6as a cause of stress for

    famil( mem2ers &= felt the( 6ere a 2urden to their families and /@= thought that their

    medical condition resulted in financial hardship to their families7 8;anini et al "0009. In order

    to maintain a level of comfort in patients governments have 2anned euthanasia. The( feel that

    patients 6ill act upon these emotions of 2eing a 2urden 6hich is not seen as a legitimate reason

    to 2e euthanied.

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    Logic of Evil

    The logic of evil can 2e descri2ed as a 6a( of e!plaining actions particularl( if the( are

    actions meant for a corrupt purpose. The rationale for actions that greatl( affect the 6orld in a

    negative 6a( is the logic of evil. In this case government 6ould 2e the controlling force 6ho

    provide rationale for 2anning euthanasia. The governments of countries that have 2anned

    euthanasia have

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    The media and advocac( groups are essentiall( an issue for the government at times.

    There is constant media coverage a2out cases 6here people are 2eing denied the right to die. The

    media often refers 2ack to the legal status of euthanasia in that countr(. This can often spark a

    discussion a2out 6hether the current la6s in that countr( are effective enough. The 2lame is

    directed to6ard the government 6hich can lead to loss of control. The same occurs 6ith

    advocac( groups. The group4s goals are al6a(s to gain as much support as it can and a 6a( to

    do that is to 2lame the government. This 2lame can effectivel( help the advocac( group gain

    follo6ers 6hich results in a large group of people in disagreement 6ith the government. The

    government can use this to their o6n advantage as the( can use media to report on the steps the

    government 6ould 2e taking to look into an issue like euthanasia. The( can also use the media to

    report on other su2

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    Case Study: Australia

    Australia has e!perienced legaliation of active euthanasia for a short period of time

    although currentl( Australia faces the issue of a euthanasia 2an 6hich has 2een in place since

    "00*. This prohi2its 2oth passive and active forms of euthanasia. As a result man( Australians

    are desperatel( seeking alternatives and methods to end their suffering.

    An interest in euthanasia originated in Australia in the "0*#s 6hen a small num2er of

    right to die advocac( groups formed 85An Australian Timeline7 n.d.9. The first 6as in ictoria.

    This num2er gre6 and soon there 6ere pro?euthanasia groups across the countr( 2( the late

    "0@#s 85An Australian Timeline7 n.d.9. In "00& the $ights of the Terminall( Ill Act 6as passed

    2( the %egislative Assem2l( of the ,orthern Territor( of Australia 8$ights of the Terminall( Ill

    Act "00&9. It 6as first introduced 2( Mr. Marshall Perron 6ho 6as the chief minister of the

    ,orthern Territor( at that time 8Dunlevie +#"/9. This la6 6as for terminall( ill patients onl(

    6ho 6ere at least "@ (ears of age and 6ho 6ere looking to end their lives 2ecause of their

    illness4s effects 8$ights of the Terminall( Ill Act "00&9. Although it 6as not active for more than

    t6o (ears the la6 allo6ed four terminall( ill cancer patients end their lives legall( and

    peacefull(. All four people 6ere Dr. Philip ,itschke4s patients. er( tight restrictions 6ere in

    place 6hile this la6 6as active. Patient 6ere reuired to gain permission from four doctors

    instead of one. These doctors 6ere as follo6s)

    ". The medical practitioner 6ho 6ould help the patient to die.

    +. An independent medical practitioner 6ith specialist ualifications in the patientJs

    terminal illness.

    3. A ualified ps(chiatrist to confirm that the patient is not suffering from treata2le

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    clinical depression or other mental illness 6hich 6ould affect his or her

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    -ver the ne!t decade Australians 6ho 6ere pro?euthanasia made countless efforts to

    persuade the government to pass a 2ill for some form of assisted suicide. Man( desperate

    terminall( ill patients had no choice 2ut to prolong their suffering. In response the Australian

    government passed the Criminal Code Amendment Bill for 5'uicide $elated Material -ffences7

    in +##& 85An Australian Timeline7 n.d.9. This 2ill 6as passed to charge an(one 6ho used 5a

    carriage service for suicide related material7 or 6ho 6ould 2e 5possessing controlling

    producing suppl(ing or o2taining suicide related material for use through a carriage service7

    85Criminal Code Amendment 8'uicide $elated Material -ffences9 Bill7 +##&9. This meant that

    emails the internet phones radio and television 6ere all forms of carriage services 85An

    Australian Timeline7 n.d.9. E!it International4s 8Dr. ,itschke4s organiation9 commercials 6ere

    taken off of the air. Australians 6ere no6 denied the right to pu2licall( discuss suicide in the

    media. The Australian government4s reasoning 2ehind the ne6 2ill 6as to diminish the gro6ing

    interest in euthanasia and to limit the num2er of suicides due to vulnera2le terminall( ill

    patients. In +#"3 the Australian ;reen part( attempted to change euthanasia la6s in ,e6 'outh

    1ales Australia 2( introducing the $ights of the Terminall( Ill Bill 85An Australian Timeline

    n.d.9. The overall o2

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    Terminall( Ill Bill7 +#"39. Also to ensure that the patient had reflected on their end of life

    decision and 6as in the appropriate state to 2e euthanied a ps(chological anal(sis of the

    patient and a fe6 da(s of rest 2efore the procedure 6as reuired 85$ights of the Terminall( Ill

    Bill +#"3 introduced to ,'1 Parliament7 +#"39. ,ot long after it 6as introduced the 2ill 6as

    dismissed 2( the ,e6 'outh 1ales %egislative Council. 'ince +#"3 there have 2een other

    attempts at changing the euthanasia la6s in various parts of Australia.

    A man in Tasmania Australia 6as given a suspended "+ month sentence after assisting

    his @@ (ear old mother4s suicide in +##+. 1hile suicide or attempting suicide is not illegal in

    Australia the son 6as taken to court and almost faced (ears in

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    the topic of de2ate. The other o2

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    influences sho6 the vast ma

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    Before +#"& the Indian government had a firm opinion on euthanasia. The( had 2anned

    an( form of assisted suicide and even attempting suicide 6as punisha2le 2( la6 until +#"/.

    These recent changes in Indian la6 are the result of an endless de2ate a2out the right to live

    versus the right to die. 1ithin India are contrasting 2eliefs and thoughts due to cultural and

    religious factors a2out euthanasia and the right to die itself.

    or decades India has recognied the right to live 6ith dignit( 6hich is under Article +"

    of the Constitution of India. The Article states that 5no person shall 2e deprived of his life or

    personal li2ert( e!cept according to procedure esta2lished 2( la67 85The Constitution of India7

    +#"&9. This right to life encompasses the right to health and livelihood and also the essential

    components of life such as culture. The Article includes the meaning of life and the value of

    each individual4s life 8Fain +#"&9. o6ever this has provoked some discussion a2out the right to

    die. The igh Court of Bom2a( uestioned this right in the Maruti 'hripati Du2al v the 'tate of

    Maharashtra case. $e?e!amination of section 3#0 of the Indian Penal Code 6as conducted 2( the

    igh Court of Bom2a(. The court claimed that section 3#0 6as in violation of Article +" and

    that the right to die 6as included in the Article. 'ection 3#0 stated that 51hoever attempts to

    commit suicide and does an( act to6ards the commission of such offence shall 2e punished 6ith

    simple imprisonment for a term 6hich ma( e!tend to one (ear or 6ith fine or 6ith 2oth7

    8$ashid +#"/9. The igh Court of Bom2a( also claimed that attempted suicide 6as not the

    concern of an(one 2ut the suicidal person them self 8$ashid +#"/9. 'uicide or attempted suicide

    6as soon seen as a mental issue and reuired treatment 6hich resulted in the decriminaliation

    of suicide in India in +#"/. A num2er of states in India opposed this the( sa6 the

    decriminaliation 6ould result in a drasticall( higher num2er of suicides in the future. o6ever

    the government progressed and claimed to provide some treatment to suicidal people 8Fain

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    +#"/9. The decriminaliation of suicide in India 6as a ma

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    The hospital 6as instructed not to give Aruna food and not long after the( stopped feeding her

    she passed a6a( in Ma( of +#"&. 'ince Aruna4s case the Indian la6 regarding euthanasia has

    2een altered passive euthanasia is no6 legal. %ife support is legall( allo6ed to 2e 6ithdra6n if a

    patient is not sho6ing signs of improvement in a vegetative state and patients can also den(

    food and 6ater. Passive euthanasia is descri2ed in India 6hen 5something is not done that 6ould

    have preserved the patient4s life7 8Du22udu +#"&9. Doctors are not seen as murderers 2ut as

    people 6ho do not attempt to save the patients. The incident and India4s lack of action for over

    four decades had gained su2stantial media attention glo2all(. This had influenced a change in

    la6 in India 6hen other countries had started to report a2out Aruna thanks to Pinki irani4s

    2ook.

    A +#"" census sho6s that the indu religion is the predominant religion in India 6ith

    *0.@= of the population 2eing indu. Muslim is the second most common religion at "/.+=

    85.India7 +#""9. 1ith religion 2eing a ver( common factor in India the opinions a2out assisted

    suicide can 2e greatl( impacted 2( religion. There seems to 2e t6o main indu vie6s on

    euthanasia. The first is the 2elief in 2ad karma. These indus 2elieve that 2( performing

    euthanasia on a patient the( are altering the life and death c(cle of that person and as a result

    could receive 2ad karma in the future. The act of euthaniing someone also disrupts the

    reincarnation of the soul of 2oth the doctor and the patient. 85Euthanasia Assisted D(ing and

    'uicide7 +##09. The( also 2elieve in Dharma 6hich means dut( or moralit(. These indus also

    2elieve that the killing of someone is causing violence and Dharma reuires that the elderl( are

    6ell taken care of. B( performing euthanasia some indus 2elieve that the( are tainting their

    clear conscious 6hich 6ill affect them in another life. The second vie6 is in favor of euthanasia.

    'ome indus 2elieve that putting an end to someone4s suffering is an act of kindness and that it

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    is morall(

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    It is 6ell kno6n that The ,etherlands is a progressive countr( compared to others. The

    la6s in The ,etherlands have a uniue d(namic taking on a li2eral attitude in la6making. rom

    same se! marriage recreational drug use to euthanasia The ,etherlands seems to 2e ahead of

    time in terms of la6s. If legaliing standard euthanasia la6s 6eren4t shocking enough The

    ,etherlands no6 allo6s minors to 2e euthanied 6ith parental consent 85Euthanasia in The

    ,etherlands7 +#""9. Although some see the euthanasia la6s in The ,etherlands as an outrage

    man( Dutch people are grateful for the freedom to die in their home countr(.

    Prior to "0*3 euthanasia 6as illegal in The ,etherlands 2ut Dr. ;ertruida Postma4s case

    had triggered a euthanasia movement. In "00" Dr. Postma helped her terminall( ill mother die 2(

    administering a lethal dose of morphine. 'he 6as given a one 6eek suspended sentence and a

    (ear pro2ation. 85Euthanasia and Assisted 'uicide ? Euthanasia In The ,etherlands7 +#"9. This

    mild punishment had caused other doctors to admit to euthaniing terminall( ill patients 6hich

    caused the Dutch government to revaluate the euthanasia la6s. T(picall( an(one 6ho performed

    euthanasia 6ould 52e punished 6ith imprisonment of up to "+ (ears or a fine of the fifth

    categor(7 85Euthanasia and Assisted 'uicide ? Euthanasia In The ,etherlands7 +#"9 6hich

    6as under Article +03 of the Dutch Penal Code. The government had decided to introduce

    specific reuirements for a terminall( ill patient to 2e euthanied and announced that the doctor

    could 2e punished if the la6 6as a2used. This 6as the onl( euthanasia la6 in the ,etherlands

    from "0@/ until +##+ 6hich caused some confusion a2out 6ho 6as eligi2le to 2e euthanied.

    Each case 6as taken individuall( to court 6hich 6as inconvenient. 'ome of the reuirements

    and rules 6ere as follo6s)

    The patientJs 6ish to die must 2e e!pressed clearl( and repeatedl(.

    The patientJs decision must 2e 6ell informed and voluntar(.

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    The patient must 2e suffering intolera2l( 6ith no hope of reliefQ ho6ever the patient

    does not have to 2e terminall( ill.

    The ph(sician must consult 6ith at least one other ph(sician.

    The ph(sician must notif( the local coroner that death resulting from unnatural causes

    has occurred 85Euthanasia and Assisted 'uicide ? Euthanasia in The ,etherlands7 +#"9.

    These guidelines 6ere to protect 2oth the patient and the medical professional. %ater in "00/

    after doctors started to refuse to assist patients in seeking a doctor 6ho 6ould perform

    euthanasia additional rules 6ere introduced 2( $o(al Dutch Medical Association. Ph(sicians

    6ho 6ere un6illing to perform euthanasia 6ere reuired to refer patients to another 6illing

    doctor. 85Euthanasia and Assisted 'uicide ? Euthanasia in The ,etherlands7 +#"9. It 6asn4t

    until +##+ that active euthanasia 6as officiall( legalied 2( the Dutch Parliament. The

    Termination of %ife on $euest and Assisted 'uicide Act 6as passed and states 5it is desired to

    include a ground for e!emption from criminal lia2ilit( for the ph(sician 6ho KL 2( la6

    terminates a life on reuest or assists in a suicide of another person7 85Termination of %ife on

    $euest and Assisted 'uicide 8$evie6 Procedures9 Act 5 +##+9.

    The factor that sets The ,etherlands apart from other pro euthanasia countries is that The

    ,etherlands does not

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    3. If the minor patient has attained an age 2et6een si!teen and eighteen (ears and ma(

    2e deemed to have a reasona2le understanding of his interests the ph(sician ma(

    cantJ out the patientJs reuest for termination of life or assisted suicide after the

    parent or the parents e!ercising parental authorit( andRor his guardian have 2een

    involved in the decision process.

    /. If the minor patient is aged 2et6een t6elve and si!teen (ears and ma( 2e deemed to

    have a reasona2le understanding of his interests the ph(sician ma( cantJ out the

    patientJs reuest provided al6a(s that the parent or the parents e!ercising parental

    authorit( andRor his guardian agree 6ith the termination of life or the assisted suicide.

    The second paragraph applies mutatis mutandis 85Termination of %ife on $euest and

    Assisted 'uicide 8$evie6 Procedures9 Act 5 +##+9.

    o6ever the Dutch ;overnment soon included another guideline regarding age limits to 2e

    euthanied. In "00+ guidelines 6ere introduced to euthanie handicapped ne62orn 2a2ies 6ho

    have no chance of living a normal ualit( life 85Assisted 'uicide) ,ot for Adults -nl(7 +#"39.

    1ithin these guidelines are the state in 6hich the 2a2( must 2e in in order to 2e euthanied.

    Also parent consent is reuired for the procedure to follo6 through 85Euthanasia and ,e62orn

    Infants7 n.d.9. The Dutch council pushed for these la6s 2ecause the( did not 6ant to

    discriminate against ages. Currentl( the Council is looking to a2olish the age limit and allo6 for

    an( age child to 2e euthanied. The( said that someone4s pain is 5not more 2eara2le and

    recovera2le 2ecause the patient has (et to reach the age of "7 85Assisted 'uicide) ,ot for Adults

    -nl(7 +#"39. The ,etherlands has developed a uniue perspective on the end of life and has

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    received mass amounts of attention glo2all(. It has essentiall( influenced other countries to

    reassess their vie6s on euthanasia such as '6iterland Canada and Belgium 6hich legalied

    euthanasia not long after The ,etherlands.

    The Dutch are given the right to choose their end of life e!perience and man( have used

    this to die peacefull( 6ithout pain and struggle. -ver the (ears that euthanasia has 2een

    legalied the num2er of deaths from euthanasia have increased. In +#"3 the num2er of deaths

    had reached its highest at /@+0 8$oss +#"&9. This num2er is e!pected to increase 6ith recent

    alterations allo6ing ne6 e!ceptions for people to 2e euthanied. The ,etherlands is an e!ample

    of a nation that has allo6ed its citiens the right to choice. Although some ma( see these la6s

    too general and possi2l( dangerous man( have 2een positivel( affected 2( these la6s.

    nternational #rgani$ations

    %nited "ations

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    Intergovernmental organisations like the :nited ,ations 8:,9 have intervened 6hen the

    2anning of euthanasia 2ecame a glo2al issue. The 2an has affected countries in a 6a( that have

    impacted other countries. or e!ample due to loose la6s regarding euthanasia in '6iterland a

    trend has developed called 5suicide tourism7 6hich allo6s people from other countries to

    legall( end their lives in '6iterland. The num2er of tourist suicides increases (earl( 6hich has

    2ecome an issue. The reason this has 2ecome an issue is 2ecause people 6ho are not terminall(

    ill 2ut might have a chance at recovering from their illness have 2een euthanied. 1hen the

    issue carries over into another countr( other organiations might 2ecome involved.

    In the summer of +#"& the human rights department of the :, revaluated Article of

    the International Covenant on Civil and Political $ights 6hich is the 5right to life7. The

    o2

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    ph(sician can terminate a patient4s life 6ithout an( independent revie6 2( a

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    an impact on ho6 much support the( are earning. or e!ample if the la6 6as passed then the

    organiation 2elieves assisted d(ing should onl( 2e availa2le to the terminall( ill 6ho are at least

    "@ (ears of age have full mental capacit( and can make an end of life decision 6ithout feeling

    pressured 8D(inginDignit(.org +#"9. Also the organiation 2elieves in certain 5safeguards7

    that should 2e put in place should the la6 2e passed. These safeguards include)

    Assessments 2( t6o independent doctors to esta2lish 6hether the reuest is 6ell?

    informed persistent S voluntar(

    $eferral to a specialist consultant if mental competenc( is in dou2t

    The patient4s reuest 6ould 2e 6itnessed 82( someone 6ho must not 2e a relative or

    directl( involved in the patient4s care or treatment9

    A 6aiting period of "/ da(s for the patient to reflect on their decision. This ma( 2e

    reduced to si! da(s if the t6o doctors agree that the patient4s death is reasona2l(

    e!pected to occur 6ithin one month

    Patients could orall( revoke the reuest at an( point 8D(inginDignit(.org +#"9.

    These are all possi2le solutions not onl( for the :nited ingdom 2ut also other countries that

    are e!periencing a euthanasia 2an. If these safeguards 6ere in place then man( vulnera2le people

    6ould 2e protected including medical professionals.

    Canadian Connection

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    Canada is currentl( undergoing the legaliation process of euthanasia 6hich is the result

    of a de2ate that lasted for decades. :ntil last (ear Canada 6as under a euthanasia 2an 6hich

    negativel( affected the terminall( ill in Canada. In some e!treme cases Canadians 6ere forced

    to make their o6n end of life decisions illegall(. This change of la6 is reflected 2( not onl( the

    ethical de2ate 2ut also the change in federal government. This sho6s ho6 much control the

    government has over this issue and ho6 Canada 6ill 2enefit in the future.

    -cto2er "003 marks a da( in Canadian histor( that is still a topic of discussion and

    de2ate toda(. $o2ert %atimer a farmer in 'askatche6an ended his "+ (ear old disa2led

    daughter4s life to end her suffering. Goung Trace( %atimer 6as 2orn 6ith cere2ral pals( and 6ith

    her condition came immense pain and complications. 'evere seiures countless side effects from

    medications and halted 2rain development left Trace( to live life limited to her medical

    condition. 'coliosis left her 2od( mangled and her vital organs compressed making it difficult to

    move eat or 2reathe. Trace(4s parents struggled to 6itness their daughter4s suffering and one

    da( after learning that their daughter 6ould have to undergo another operation the( considered

    ending her pain. %aura Trace(4s mother had uickl( dismissed the idea 2ut $o2ert ho6ever

    could not. A fe6 6eeks later $o2ert follo6ed through 6ith his plans 85$o2ert %atimer S the

    %a67 +#"#9. %atimer placed Trace( in his truck attached a hose to the e!haust pipe and ran it

    into the truck 6here Trace( passed a6a(. Mr. %atimer then faced a conviction of first degree

    murder and also second degree murder 6hich earned him a "# (ear sentence. The case 6as

    uniue 2ecause it caused a de2ate in Canada a2out assisted suicide la6s at that time. Also it

    raised uestions a2out the Canadian legal s(stem. %atimer4s motive 6as an act of love and

    compassion for his daughter he claimed he onl( 6anted to end her suffering. is sentence had

    evoked thoughts a2out compassion cases like %atimer4s and 6hether the sentence 6as adeuate

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    85JCompassionate homicideJ) The la6 and $o2ert %atimer7 +#"#9. It had 2rought attention 2oth

    positive and negative that the la6s in Canada 6ere not meeting the needs of the terminall( ill.

    'ince the %atimer case there 6ere numerous accounts of assisted suicide in Canada. In

    +##* British Colum2ia 6itnessed one of its first assisted suicide cases. Dr. $amesh umar

    'harma a doctor in B.C. attempted to help 03 (ear old $uth 1olf end her life. $uth suffered

    from heart failure and 6as e!pecting to die in a hospital. 'he approached Dr. 'harma 6ho gave

    her a lethal dose of pills 85B.C. Doctor 'entenced for Aiding 'uicide Attempt7 +##*9. A nurse

    discovered the pills and the act 6as not carried out ho6ever Dr. 'harma still faced charges

    2ecause the act of assisting suicide is illegal. e plead guilt( and 6as placed on house arrest for

    t6o (ears and 6as stripped of his position in the College of Ph(sicians and 'urgeons of B.C.

    85B.C. Doctor 'entenced for Aiding 'uicide Attempt7 +##*9.

    In +#"/ there 6as some progress made in the euthanasia movement. A surve( 6as

    conducted 2( Ipsos 8an independent research compan(9 for the D(ing 6ith Dignit( organiation

    in Canada. -ver +# Canadians 6ere surve(ed and the results sho6ed that @/= of Canadians

    agreed that a doctor should 2e a2le to end the life of a terminall( ill patient 8ipsos?na.com +#"9.

    The conditions 6ere that the adult should 2e mentall( competent suffering from an incura2le

    disease and 6ho constantl( asks to 2e euthanied. actors that could lead to difference in

    response such as age religion and education did not make drastic impacts in the results. These

    results sho6 an interest in change in Canada.

    Also in +#"/ ue2ec 2ecame the first and onl( province to pass an assisted d(ing 2ill. In

    Fune Bill &+ 6as introduced it 6as also called the >D(ing 6ith Dignit(7 2ill. This meant that

    terminall( ill patients could receive medical professional assistance to end their life 85Timeline)

    Assisted suicide in Canada7 +#"&9. All medical institutions are reuired to have end of life care

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    availa2le including hospices. $euirements for the patient 6ere also put in place. Although

    man( 6ere e!cited that change 6as occurring people criticied the 2ill. 'ome claimed that the

    2ills reuirements and safeguards 6ere too strict. Patients in the later stages of Alheimer4s

    disease 6ould not 2e a2le to 2e euthanied 2ecause of their lack of competent mind. Also

    (ounger patients 6ould not 2e eligi2le 2ecause patients are reuired to 2e adults 8amilton

    +#"/9. 'ince the 2ill has 2een passed at least "# patients successfull( ended their lives 2ut

    others are having difficult(. There is a reluctance from medical professionals to carr( out a

    procedure. The search to find an accepting doctor has prolonged some patients suffering. This

    has also raised another issue for the doctors 6ho are 6illing to help patients die. The doctors do

    not feel comforta2le 6ith 2eing identified as one of the fe6 doctors 6ho euthanie people

    85ue2ecJs ,e6 Assisted?D(ing %a6 %eaves Doctors 'truggling To Adapt7 +#"9 Although

    there are restrictions in place the 2ill 6ill allo6 suffering ue2ec residents to peacefull( end

    their suffering. This change has also inspired a national de2ate for change. In +#"/ at the

    Montreal Biennial Convention the %i2erals gathered to discuss the decriminaliation of assisted

    suicide 85%i2erals ote to %egalie Assisted 'uicide at Part(4s ,ational Convention7 +#"/9.

    oting results sho6ed that ma

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    euthanied 2ut 6as re

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    It has 2ecome apparent that 6ith this recent movement to legalie euthanasia doctors

    have 2een hesitant to full( accept their ne6 duties as medical professionals. o6ever there is a

    small amount of support for ph(sician assisted suicide in the medical communit(. As the

    legaliation process 6as under6a( doctors from across Canada met at the Canadian Medical

    Association 8CMA9 meeting in alifa! in August of +#"& to discuss their vie6s on euthanasia

    85Canadian Medical Association 'till Polaried B( Doctor?Assisted Deaths7 +#"&9. A surve(

    offered a month prior to the meeting collected data from almost "# people and found that onl(

    +0= of the CMA mem2ers openl( e!pressed that the( 6ould support and activel( take part in the

    euthanasia process for terminall( ill patients 6hile 3= of the people surve(ed said the( 6ould

    not assist in the death of a patient 85Canadian Medical Association 'till Polaried B( Doctor?

    Assisted Deaths7 +#"&9. There are concerns of religious doctors in Canada also. Although there

    are a num2er of different religions represented in Canada in the Christianit( communit( there is

    a group of doctors 6ho feel uneas( a2out the legaliation of assisted suicide. Man( doctors are

    e!pecting that la6s 6ill 2e passed enforcing that doctors refer patients to doctors 6ho perform

    euthanasia if it is against their 2eliefs 85CanadaJs :pcoming Assisted Death %a6 Puts Christian

    Doctors :nder J;reat PressureJ7 +#"9. These doctors 2elieve that referring patients to another

    doctor to perform euthanasia is against their 2eliefs. These la6s are slo6l( gaining support from

    the medical communit( and the government is attempting to pass la6s to make euthanasia

    treatment more accessi2le to the terminall( ill. Although the la6s are ne6 and still under the

    process of 2eing implemented into Canadian la6 more patients 6ill soon 2e a2le to easil( end

    their suffering.

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    Solutions

    ;overnments that are looking to legalie euthanasia are facing man( issues and

    regulating individual cases seems to 2e the 2iggest issue. To maintain the role of control even if

    the government lifted euthanasia 2ans strict regulations 6ould have to 2e put in place. B(

    regulating and putting restrictions in place this 6ould a2olish the slipper( slope concern as

    mentioned 2efore in logic of evil and role of control.

    The most effective 6a( to approach making a set of guidelines is to look at and compare

    past and present guidelines in other places. or e!ample the %ord alconer4s Assisted D(ing Bill

    contained ver( specific reuirements for a patient to 2e euthanied. Although the 2ill 6as never

    passed and therefore never had a chance to sho6 impacts on people some of the reuirements

    could 2e used. These safeguards include an age reuirement a doctor to assess mental

    competenc( a period to reconsider the decision and a doctor to inform the patient a2out other

    options of care. These are safeguards that can 2e used in an( countr(.

    Additionall( comparing other countries is an effective 6a( to create a set of guidelines.

    If a government 6ishes to keep strict control over these la6s then it might not use The

    ,etherlands or Belgium4s la6s as an e!ample for its o6n la6s. The ,etherlands and Belgium are

    the most li2eral at la6making to the point 6here the( have allo6ed children to 2e euthanied.

    The government might look at guidelines or la6s 6ith strict safeguards. Instead of allo6ing

    ever(one to 2e euthanied starting 6ith a certain eligi2ilit( 6ould decrease the slipper( slope

    pro2a2ilit( and maintain control. Also avoiding suicide tourism in the countr( unlike

    '6iterland manages control. 1ithout other citiens entering the countr( to end their lives it is

    easier to keep track of the countr(4s o6n citiens. -regon the first of the five states in the :nited

    'tates to legalie euthanasia has a secure structure put in place to ensure control over 6ho can

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    and cannot 2e euthanied. This is a detailed set of regulations put in place to avoid a 5free for

    all7 effect in the state 6here ever(one 6ould 2e free to 2e euthanied. The four reuirements for

    patients are to 2e) a minimum age of "@ a -regon resident mentall( competent and have a

    terminal illness that could take the patient4s life 6ithin si! months 8,orman?Ead( +##+9. The

    la6 also includes reuirements that the patients must meet in order to 2e prescri2ed a lethal

    medication. This includes 6riting letters of consent having 6itnesses throughout the process

    and an additional e!amination from the medical professional to determine the mental state of the

    patient 8,orman?Ead( +##+9. As a result of these la6s -regon has 2een an e!ample to the other

    states that the euthanasia la6 change had 2een a success. Ever since the la6 6as introduced in

    "00* the num2er of euthanasia reports has increased 85-regon Death 6ith Dignit( Act) +#"&

    Data 'ummar(7 +#"&9. %ast (ear it 6as reported that "3+ people had died from lethal doses of

    prescri2ed medication under this la6 6hile in the first (ear it 6as introduced onl( " people

    had 2een euthanied 85-regon Death 6ith Dignit( Act) +#"& Data 'ummar(7 +#"&9.

    ;overnments can use places such as The ,etherlands '6iterland -regon and others 6ho have

    legalied euthanasia to determine the positive and negative attri2utes a2out each la6 and 6hich

    6ould 2est suit its countr(.

    :ltimatel( if a government is concerned a2out losing control over their people then

    esta2lishing strict rules is the safest option. If the rules are too restricting then the( can 2e altered

    graduall(. :sing places 6here euthanasia is legalied is an effective 6a( to determine these

    guidelines. This is all dependant on ho6 the role of control affects the government. If a

    government finds a 2alance 2et6een maintaining control and successfull( allo6ing the

    terminall( ill to 2e euthanied then this can affect man( ill people4s lives in a positive and

    peaceful 6a(. This allo6s people to have the freedom of choice the freedom of life and death.

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    This allo6s each individual to think a2out their o6n end of life care 6ithout the interference of

    an( other force such as government. In conclusion this leads to a happier people free of

    pressures put on 2( financial strain famil( and the illness itself.

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    1orks Cited

    A2edi M. 8+#" April #39. Christian Doctors In J;reat PressureJ 1ith :pcoming Assisted Death

    %a6. $etrieved Ma( "3 +#"

    A2out us ? Dignit( in D(ing. 8+#"39. $etrieved Ma( "3 +#"

    Alcorn ;. 8"00 'eptem2er +*9. The fight to end a life. $etrieved Ma( "3 +#"

    A ;eneral istor( of Euthanasia. 8n.d.9. $etrieved Ma( "3 +#"

    An Australian Timeline. 8n.d.9.

    Australian Pu2lic Desire for %egalisation of Assisted D(ing in $estricted Circumstances. 8n.d.9.

    Balinski P. 8+#"& Ful( "&9. :, considers reinterpreting >right to life4 to allo6 e!ceptions for

    a2ortion and euthanasia

    B.C. doctor sentenced for aiding suicide attempt. 8n.d.9. $etrieved Ma( "3 +#"

    Dar2( A. 8+##/ Ma( +*9. 'on 6ho helped his mother die 6as driven 2( love sa(s

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