Academic literature on the topic 'Euthanasia Law and legislation Victoria'
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Journal articles on the topic "Euthanasia Law and legislation Victoria"
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Kullolli, Brunela, and lrjan Hysa. "Law and Society - Euthanasia and Criminal Law." European Journal of Social Science Education and Research 5, no. 2 (August 1, 2018): 142–50. http://dx.doi.org/10.2478/ejser-2018-0042.
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Abstract Euthanasia or "sweet death" is a topic that has sparked numerous debates throughout history. In Albania, the right to life is protected by Article 21 of the Constitution of the Republic of Albania. Regarding the individual's right to die in Albania, both forms of euthanasia, the passive and the active one, are considered criminal offenses and are punishable by law. The problem lies in the fact that such a definition is not found in the Albanian legislation, but such actions are considered as criminal by the interpretation of the law. In this topic we will study the perception of Albanians regarding euthanasia and whether the Albanian legislation should include this form of soft death or not. The protection of life in the country should take the dimensions of a sustainable protection. For this reason, in addition to the positive effects of improving life protection that derive from the application of the entirety of the various criminal justice programs and policies, also including the recent amendments to the Criminal Code of the Republic of Albania, a concrete and continuous protection should be provided in support of the right to life. I have always drawn a debate on this issue, which deals with the fundamental human right, with the most sacred right, that of life.
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Ramezani, Farshad, and Mahin Sobhani. "Euthanasia from Iran law and Islamic legislation perspective." International Journal of Human Rights and Constitutional Studies 4, no. 2 (2016): 153. http://dx.doi.org/10.1504/ijhrcs.2016.078314.
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Gabrieljans, Armens. "THE GENESIS OF EUTHANASIA IN EVOLUTION OF STATE AND LAW." Administrative and Criminal Justice 1, no. 70 (March 31, 2015): 11. http://dx.doi.org/10.17770/acj.v1i70.4320.
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The aim of this article is to analyze the epistemological study of euthanasia, as well as provides the general description of euthanasia in the historical development of the country and legislation. Euthanasia being a socio-legal phenomenon has very ancient historical roots. However, euthanasia has been highlighted as a scientific research object only at the end of the nineteenth century; thus, euthanasia has been classified as an independent scientific approach. In the history of state and law attitude towards euthanasia phenomenon can be divided into four main periods which coincide with global stages in history of mankind. Each of these stages had specific traditions concerning the issue of this kind of ending one’s life.
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Bălan, Lăcrămioara. "Death with Dignity under the AUPs of the Law." European Journal of Law and Public Administration 9, no. 2 (December 20, 2022): 108–14. http://dx.doi.org/10.18662/eljpa/9.2/187.
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In most developed states, public opinion is crystallized in favor or against euthanasia, but this fact is not reflected in the legislation. A clear and concise legislative framework is an absolutely necessary condition for discussing euthanasia. On one hand, medical personnel must carry out their activity in accordance with the law, on the other hand, the selection of patients who can request such a procedure must be concretely defined.
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Joung, Soon-Hyoung, and Young-Ju Jeon. "Proposal of Review on Criminal Law and Legislation about Euthanasia." Journal of the Korea Contents Association 11, no. 7 (July 28, 2011): 298–305. http://dx.doi.org/10.5392/jkca.2011.11.7.298.
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Gregory, Dorothy Rasinski. "Euthanasia, Ethics and Public Policy: An Argument Against Legislation." Journal of Legal Medicine 24, no. 3 (September 2003): 395–405. http://dx.doi.org/10.1080/713832195.
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Sayers, Gwen. "Non-Voluntary Passive Euthanasia: The Social Consequences of Euphemisms." European Journal of Health Law 14, no. 3 (2007): 221–40. http://dx.doi.org/10.1163/092902707x232980.
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AbstractNon-voluntary passive euthanasia, the commonest form of euthanasia, is seldom mentioned in the UK. This article illustrates how the legal reasoning in Airedale NHS Trust v Bland contributed towards this conceptual deletion. By upholding the impermissibility of euthanasia, whilst at the same time permitting 'euthanasia' under the guise of 'withdrawing futile treatment', it is argued that the court (logically) allowed (withdrawing futile treatment and euthanasia). The Bland reasoning was incorporated into professional guidance, which extended the court's ruling to encompass patients who, unlike Anthony Bland, were sentient. But since the lawfulness of (withdrawing futile treatment and euthanasia) hinges on the futility of treatment, and since the guidance provides advice about withdrawing treatment from patients who differ from those considered in court, the lawfulness of such 'treatment decisions' is unclear. Legislation s proposed in order to redress the ambiguity that arose when moral decisions about 'euthanasia' were translated into medical decisions about 'treatment'.
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Akhtyrska, Nataliia M., and Yuriy V. Grodetskiy. "THE RIGHT TO LIFE FROM THE POINT OF VIEW OF PERSONAL AUTONOMY IN DECISION-MAKING ON EUTHANASIA (REVIEW OF THE ECHR PRACTICE AND THE LEGISLATION OF SELECTED COUNTRIES)." Wiadomości Lekarskie 74, no. 11 (2021): 3108–12. http://dx.doi.org/10.36740/wlek202111242.
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The aim: To analyze law enforcement practice on the basis of the national legislation of foreign states to single out features of legal regulation of the right to euthanasia realization and to outline the Ukrainian prospects of euthanasia legalization. Materials and methods: The empirical basis of the research is the legislation of some European countries (Belgium, Spain, Italy, Portugal, and the Netherlands) and Canada; decisions of the European Court of Human Rights on the right to voluntary death and the obligations of states; the results of a survey of 750 respondents conducted by the authors. The methodological basis of the study were philosophical views on life, death, and the right to certainty, formal-logical method (analysis, synthesis, induction, deduction, etc.), comparative, analytical, statistical, sociological methods of cognition, as well as a synergetic approach. Conclusions: The issue of legal regulation of euthanasia is multifactorial, socially conditioned, and requires a positive action of the state both in terms of regulation and/or prohibition, and the proper provision of citizens with health care. Legislative support for the human right to a “dignified death” is dictated, to some extent, by society’s demand, which must be finally resulted in the draft law. As for Ukraine, the adoption of such a law is obviously premature. Although according to a survey of citizens on euthanasia and the feasibility of introducing such a law in Ukraine, 57% are positive about the experience of other countries, and 41% were in favor of adopting a law in Ukraine, it is not possible to assess their opinion due to ignorance of legislation where euthanasia is allowed.
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Oddie, Graham. "The Moral Case for the Legislation of Voluntary Euthanasia." Victoria University of Wellington Law Review 28, no. 1 (March 2, 1998): 207. http://dx.doi.org/10.26686/vuwlr.v28i1.6081.
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If a person is suffering from some illness or disability and wishes to end their We the lawought to facilitate rather than frustrate that choice argues Graham Oddie in this article. Hepoints 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.
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O'Connor, Margaret M., Roger W. Hunt, Julian Gardner, Mary Draper, Ian Maddocks, Trish Malowney, and Brian K. Owler. "Documenting the process of developing the Victorian voluntary assisted dying legislation." Australian Health Review 42, no. 6 (2018): 621. http://dx.doi.org/10.1071/ah18172.
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Many countries across the world have legislated for their constituents to have control over their death. Commonalities and differences can be found in the regulations surrounding the shape and practices of voluntary assisted dying (VAD) and euthanasia, including an individual’s eligibility and access, role of health professions and the reporting. In Australia there have been perennial debates across the country to attempt legislative change in assisting a terminally ill person to control the ending of their life. In 2017, Victoria became the first state to successfully legislate for VAD. In describing the Victorian process that led to the passage of legislation for VAD, this paper examines the social change process. The particular focus of the paper is on the vital role played by a multidisciplinary ministerial advisory panel to develop recommendations for the successful legislation, and is written from their perspective. What is known about the topic? VAD has not been legal in an Australian state until legislation passed in Victoria in 2017. What does this paper add? This paper describes how the legislation was developed, as well as the significant consultative and democratic processes required to get the bill to parliament. What are the implications for practitioners? In documenting this process, policy makers and others will have an understanding of the complexities in developing legislation. This information will be useful for other Australian jurisdictions considering similar legislative changes.
Dissertations / Theses on the topic "Euthanasia Law and legislation Victoria"
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Heenan, Melanie 1968. "Trial and error : rape, law reform and feminism." Monash University, School of Political and Social Inquiry, 2001. http://arrow.monash.edu.au/hdl/1959.1/9136.
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Chidoori, Rumbidzai Elizabeth Portia. "Should passive euthanasia be made legal in South Africa?" Thesis, University of Fort Hare, 2009. http://hdl.handle.net/10353/253.
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In In 1999 the South African Law Reform Commission proposed a draft bill on End of Life Decisions and tabled the Bill before Parliament. To date the Bill is still yet to be put up for discussion perhaps due to the sensitive nature of the subject. This mini-dissertation will examine South African people’s perception and awareness of passive euthanasia and whether the procedure should be regulated. The research will look at the current position in South Africa, arguments for and against passive euthanasia, and the factors influencing society’s reactions to this growing phenomenon.1999 the South African Law Reform Commission proposed a draft bill on End of Life Decisions and tabled the Bill before Parliament. To date the Bill is still yet to be put up for discussion perhaps due to the sensitive nature of the subject. This mini-dissertation will examine South African people’s perception and awareness of passive euthanasia and whether the procedure should be regulated. The research will look at the current position in South Africa, arguments for and against passive euthanasia, and the factors influencing society’s reactions to this growing phenomenon.
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Nortje, Nico. "Older adults' views on euthanasia." Thesis, Stellenbosch : Stellenbosch University, 2001. http://hdl.handle.net/10019.1/52380.
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Thesis (M.A.)--Stellenbosch University, 2001.ENGLISH ABSTRACT: The purpose of this study was to determine the attitudes older adults (65 years and older) have towards euthanasia. The subjects of the study were people 65 years of age and older who reside in homes for the aged within the Cape Metropolis. An equal number of subjects from the African, Coloured and European communities were randomly selected. A biographical questionnaire as well as the Euthanasia Attitude Scale and the Purpose In Life Test, were administered. The influence of four variables were focused on, namely age, ethnicity, meaning in life and health. Pearson correlation coefficient analysis and one-way ANOV A analysis were used. Ethnicity, meaning in life and health were not found to have a significant correlation with euthanasia. Age was the only variable found to have a significant correlation with euthanasia. The findings were discussed and certain recommendations were made.
AFRIKAANSE OPSOMMING: Die doel van die studie was om vas te stel wat die houding van ouer volwassenes (65 jaar en ouer) is ten opsigte van genadedood. Die proefpersone was almalouer as 65 jaar en woonagtig in ouetehuise binne die Kaapse Metropool. 'n Gelyke aantal proefpersone van die Afrika, Kleurling en Europese gemeenskappe is willekeurig gekies. 'n Biografiese vraelys, asook die "Euthanasia Attitude Scale" en "Purpose In Life Test", is gebruik. Die invloed van vier veranderlikes, naamlik: ouderdom, kultuur, betekenis in die lewe en gesondheid, is ondersoek. Pearson korrelasionele koëffisiënt en een-rigting ANOV A ontledings is gebruik. Etnisiteit, betekenis in die lewe en gesondheid het nie beduidend met genadedood gekorreleer nie, ouderdom was die enigste veranderlike wat beduidend met genadedood gekorreleer het. Die bevindinge is bespreek en sekere aanbevelings is gemaak.
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Cauduro, Joseane. "O conceito de eutanásia em Ronald Dworkin." reponame:Repositório Institucional da UCS, 2007. https://repositorio.ucs.br/handle/11338/1038.
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A presente dissertação investiga o problema da eutanásia. A tecnologia biomédica avançou nestas últimas duas décadas de forma notável, no bom e no mau sentido. É graças a esta tecnologia que muitos e muitos doentes têm sido salvos de suas enfermidades transitórias, porém, de outro lado, estas mesmas medidas, escravizam milhares de vidas a serem vividas sem qualquer perspectiva de cura ou melhora, somente prolongando a vida e o sofrimento de pacientes terminais. Nesse contexto, buscou-se trazer para conhecimento de toda comunidade científica, bem como dos estudantes de direito e afins, as teorias de direito do notório autor Ronald Dworkin, para possibilitar, num primeiro momento, demonstrar como este vê e entende o Direito e para, após, apresentar sua visão acerca do instituto da eutanásia. Por fim, expor a proposta de Dworkin em face de pedidos de eutanásia, bem como trazê-la para a realidade brasileira, verificando a possibilidade de sua implementação face à legislação vigente. Ressalta-se que se espera com este trabalho proporcionar mais uma fonte de conhecimento, para instigar a reflexão acerca da eutanásia em nossa sociedade, uma vez que é realmente necessária já que a morte é um processo vital pelo qual todos nós passaremos.Submitted by Ana Guimarães Pereira (agpereir@ucs.br) on 2015-10-08T12:28:02Z No. of bitstreams: 1 Dissertacao Joseane Cauduro.pdf: 1220139 bytes, checksum: 4210a2e963d84ecccddc938941629399 (MD5)
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The present dissertation deals with the euthanasia’s problem. The biomedical technology advanced to much in these last two decades, in the good one and bad one way. Is is thanks to this new technology that many sick people have been safe of its disease. However, in the another way, this same technology has been slaving thousand of lives, to live without any cure’s perspective or health’s improves, only prolonging those lifes and those suffering. In this context, it tries to bring to the scientific community and for all students, the Law’s Theories of Ronald Dworkin, a very famous author, to make possible to show how he sees and undestands Law. And then, presents his vision concerning the euthanasia institute. After that, it displays the Dworkin’s proposal in face of euthanasia order, as wel as brings his proposal for the brazilian reality, verifying the possibility of it is implementation face the current Law. It is expects with this work to provide plus a new source of knowledge to instigate the reflection concerning the euthanasia in our society. The reflection is very important because deaths is part of ours lifes.
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Johnstone, Richard. "The court and the factory the legal construction of occupational health and safety offences in Victoria." Thesis, University of Melbourne, 1994. https://minerva-access.unimelb.edu.au/handle/11343/35672.
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This thesis reports on an empirically based study of the manner in which Victorian Magistrates Courts constructed occupational health and safety (OHS) issues when hearing prosecutions for offences under the Industrial Safety, Health and Welfare Act 1981 (the ISHWA) and the Occupational Health and Safety Act 1985 (OHSA) from 1983 to 1991. These statutes established OHS standards for employers and other relevant parties. The State government enforced these standards through an OHS inspectorate which had a range of enforcement powers, including prosecution.
After outlining the historical development of Victoria’s OHS legislation, the magistracy’s historical role in its enforcement, and the development of an enforcement culture in which inspectors viewed prosecution as a last resort, the study shows how the key provisions of the ISHWA and OHSA required occupiers of workplaces and employers to provide and maintain safe systems of work, including the guarding of dangerous machinery. Using a wide range of empirical research methods and legal materials, it shows how the enforcement policies, procedures and practices of the inspectorate heavily slanted inspectors workplace investigations and hence prosecutions towards a restricted and often superficial, analysis of incidents (or “events”) most of which involved injuries on machinery. There was evidence, however, that after the establishment of the Central Investigation Unit in 1989 cases were more thoroughly investigated and prosecuted. From 1990 the majority of prosecutions were taken under the employer’s general duty provisions, and by 1991 there was evidence that prosecutions were focusing on matters other than machinery guarding.
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Sims, Hazel Jane. "A case study of pressure group activity in Western Australia: Medical care of the dying bill (1995)." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 1999. https://ro.ecu.edu.au/theses/1220.
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When the Australian Labor Party member for Kalgoorlie, Ian Taylor, presented his Private Member's Bill - the Medical Care of the Dying Bill (1995), he laid the foundation for this thesis. Mr Taylor introduced his Bill to the Western Australian Legislative Assembly on 28 March 1995. The Bill codified the terminally ill patient's right to refuse medical treatment, which clarified common law. This thesis attempts to overcome the dearth of literature in Western Australian lobbying concerning conscience-vote issues. It also identifies the key issues in understanding political lobbying, the form of pressure group activity that takes place and why certain groups respond in different ways. The pressure groups selected for this case study are examined, classified and evaluated resulting in a prescription for lobby group activity for similar conscience-vote issues. According to the Bill's sponsor, Ian Taylor, the legislation was needed to deal with the inconsistencies in common law of the medical treatment of terminally ill people. The Law Reform Commission in its 1991 Report on Medical Treatment for the dying, stated that there was a need to deal with the issue in Western Australia. Due to the advances in medical treatment practices in the past 50 years, doctors can prolong the life of patients for whom there is no cure. The major problem, however, is the Criminal Code: doctors and care providers can be at risk of prosecution and conviction if the patient's wishes are respected and medical treatment is withdrawn, leading to the patient's death. At present there is a general common law right to refuse medical treatment. According to Mr Taylor, the difficulty lies in the fact that in Western Australia, the common law is overridden by the Criminal Code. The Bill also highlighted the role of palliative care and the treatment of the dying. The opinion of most pressure groups was that the rights of terminally ill patients should be protected and enhanced. Of the groups selected for this case study, only the Coalition for the Defence of Human Life objected to the Bill. Other groups supported the principles of the Bill, while some hoped for voluntary euthanasia legislation and others gave tacit approval. Of all the groups the L. J. Goody Bioethics Centre distinguished itself as a key organisation which tended to monopolise political influence. Media exposure of the issue was high, particularly in The West Australian. The "right to die" issue was canvassed and often was reported with references to euthanasia. At the same time the Northern Territory legislation, the Rights of the Terminally Ill Bill (1995), was receiving much media attention. The issue of euthanasia was necessarily discussed in the context of national and international arenas. The political masters of thought on citizen participation and group theory were introduced early in the thesis. John Locke, Jean -Jacques Rousseau, James Madison, Alexis de Tocqueville, Thomas Paine and John Stuart Mill provided valuable insight into the nature of modern political thought on this interesting aspect of political activity. Contemporary political writers such as Trevor Matthews. Dean Jaensch and Graham Maddox were also consulted. The eight pressure groups selected for the study were the: • West Australian Voluntary Euthanasia Society Inc. • Coalition for the Defence of Human life • Australian Medical Association (WA Branch) • Australian Nursing Federation (WA Branch) • L. J. Goody Bioethics Centre • Silver Chain Nursing Association Inc. • Uniting Church of Australia • Anglican Church of Australia Information from the groups formed a significant part of this thesis. An attempt was made in the conclusion to ascertain the effectiveness of the various strategies utilised by the pressure groups and provide an insight into lobbying practices. Ultimately, though, the contentious Bill was not given a third reading. Nor was it debated in the Legislative Council. At one stage it was considered likely that the Bill would be recommitted to parliament. The monitoring of the Medical Care of the Dying Bill (1995) undertaken in this thesis, indicates that this would have been a lengthy and divisive process.
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Rossouw, Elzaan. "Einde van lewe besluite ten opsigte van defektiewe babas : 'n juridiese perspektief." Thesis, Link to the online version, 2006. http://hdl.handle.net/10019/1183.
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趙占全. "試論應否在澳門就安樂死專門立法." Thesis, University of Macau, 2004. http://umaclib3.umac.mo/record=b1644027.
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Johnson, Wendi Leigh. "Policy innovation and policy transfer in Australia : a retirement village case study." Thesis, Queensland University of Technology, 1998.
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Richardson, Robert G. "The politics of euthanasia." 2008. http://hdl.handle.net/2440/47647.
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This thesis argues that the topic of active voluntary euthanasia (AVE) has been significantly neglected in existing political studies research, despite the fact that AVE reform raises fundamental questions about the scope and application of political authority. While this is predominantly a politics thesis in its focus, the thesis also draws when necessary on the broader scholarly literature on AVE, including literature fields such as ethics, as well as on broader public debate and the views of politicians. The thesis also examines, and engages with, the views of relevant traditional and contemporary political theorists including John Stuart Mill, Jeremy Bentham, and Amitai Etzioni. Whilst it will be acknowledged that liberal and utilitarian principles have helped shape and inform the AVE reform debate, and have useful contributions to offer, it is maintained that neither of these approaches provide a suitably comprehensive guide to policy. The thesis argues that communitarianism’s emphasis upon the communal good provides an indispensable counterbalance to potential problems that can arise with some other approaches, including excessive individualism and the uncertainties of moral subjectivism. More particularly, it is suggested that without an ongoing commitment to the principles of self restraint and ‘other regarding’ beneficence, legalised euthanasia could pose a serious threat to the welfare of vulnerable citizens. This is a point of view that is also expressed by many religious critics of AVE and it is argued that pro-choice advocates have relied unduly upon the separation of Church and State principle to deflect a legitimate criticism. Although it is conceded that a commitment to secular liberal–democratic principles is at odds with a legislative prohibition against the popularly endorsed option of last resort (beneficent) AVE it is, nevertheless, maintained that the concerns of these and other critics should not be ignored. Indeed, an examination of various case studies highlights the importance of ensuring a balance between individual autonomy and adequate legislative safeguards. Case studies examined include John Ashcroft’s controlled substances intervention in Oregon, US Congressional action to preserve the life of persistent vegetative state patient Terri Schiavo and Australian anti-suicide / active euthanasia legislation, particularly the Northern Territory’s Rights of the Terminally Ill Act. The conclusion of the thesis not only pulls together the key arguments regarding AVE but also highlights the insights which the AVE debate can provide for understanding broader issues in political theory and practice, particularly in regard to the rights of the individual and the responsibility of the state to legislate for the collective good.Thesis (Ph.D.) -- University of Adelaide, School of History and Politics, 2008
Books on the topic "Euthanasia Law and legislation Victoria"
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Amarasekara, Kumar. Euthanasia, morality, and the law. New York: P. Lang, 2002.
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Griffiths, John. Euthanasia and law in Europe. Oxford: Hart Pub., 2008.
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Victoria. Essential commercial legislation, Victoria. Sydney: Law Book Co., 1995.
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Talib, Norchaya. Euthanasia: A Malaysian perspective. Petaling Jaya, Selangor, Malaysia: Sweet & Maxwell Asia, 2002.
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Otlowski, Margaret. Voluntary euthanasia and the common law. Oxford: Clarendon Press, 1997.
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Karyadi, Petrus Yoyo. Euthanasia dalam perspektif filsafat hukum Pancasila. Yogyakarta]: Penerbit Media Pressindo bekerjasama dengan Yayasan Adikarya IKAPI dan the Ford Foundation, 1989.
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Pappas, Demetra M. The euthanasia / assisted-suicide debate. Santa Barbara, Calif: ABC-CLIO, 2012.
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Euthanasia in international and comparative perspective. Nijmegen: Wolf Legal Publishers, 2006.
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John, Griffiths. Euthanasia and law in the Netherlands. Amsterdam: Amsterdam University Press, 1998.
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Gordon, Hughes, ed. Accident compensation handbook, Victoria. Sydney: Law Book Co., 1986.
Find full textBook chapters on the topic "Euthanasia Law and legislation Victoria"
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Jackson, Emily. "17. Assisted Dying." In Medical Law, 905–78. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198825845.003.0017.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter examines assisted dying. It looks at the current law, with particular emphasis upon the pressures currently being exerted on the status quo through British patients travelling to Dignitas in Switzerland for assisted suicides. The implications of the Nicklinson and Conway decisions are considered. The chapter sets out arguments for and against the legalization of voluntary euthanasia and assisted suicide; and examines other countries’ experience with decriminalization.
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Samanta, Jo, and Ash Samanta. "9. The end of life." In Medical Law Concentrate, 156–76. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198871354.003.0009.
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This chapter deals with key legal and ethical issues surrounding end-of-life decisions, with particular reference to physician-assisted death, such as euthanasia. Suicide and assisted suicide, administration of pain relief, and futility are considered. Relevant legislation such as the Suicide Act 1961 (as amended by the Coroners and Justice Act 2009), the Human Rights Act 1998, and the Mental Capacity Act 2005 are discussed. The chapter examines several bioethical principles, including sanctity-of-life and quality-of-life debates; autonomy, beneficence, and medical paternalism; personhood, palliative care, and the double effect doctrine. Finally, it considers human rights issues, treatment requests, incompetent patients, prolonged disorders of consciousness, and locked-in syndrome. Recent cases are considered.
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Oyarzábal, Mario J. A. "A Private International Law Perspective: Conflict Rules in Advance Directives and Euthanasia Legislation." In Self-Determination, Dignity and End-of-Life Care, 127–40. Brill | Nijhoff, 2011. http://dx.doi.org/10.1163/9789004223585_007.
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Horn, Morten A. "Er det mulig å lage en entydig, rettferdig og forsvarlig dødshjelpslov?" In Dødshjelp i Norden? Etikk, klinikk og politikk, 291–309. Cappelen Damm Akademisk/NOASP, 2020. http://dx.doi.org/10.23865/noasp.96.ch15.
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The public debate about assisted dying follows several tracks. The most important political question is whether euthanasia should be legalised, and if so how it should be delimited, regulated and controlled. Is it even possible to create a law that delineates when assisted dying should be allowed and when it should be prohibited, in a clear, fair and safe way? This chapter proposes criteria that can be used to design an assisted dying law, and discusses how existing laws can be evaluated based on the criteria. Particular emphasis is placed on the recent Canadian assisted dying legislation, which, in the author’s view, has failed in all three areas.
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Fritz, Zoë. "End of Life." In A Medic's Guide to Essential Legal Matters, 73–86. Oxford University Press, 2018. http://dx.doi.org/10.1093/med/9780198749851.003.0006.
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All practising clinicians will inevitably have to deal with the death of their patients. It is very important that we acknowledge our own biases and subjugate those to the needs of the patient for whom we are caring. Doctors prescribe drugs to alleviate symptoms or apply organ support to those whose bodies are failing. They can be asked, by patients or families, to provide life-sustaining treatments that do not offer any clinical relief or to administer drugs to ‘end suffering’. At both extremes, there are laws to protect both patient and doctor. It is this legislation, case law, and General Medical Council guidance that will be reviewed in this chapter. Discussion will focus on the right to refuse life-sustaining treatment; the role of the Mental Capacity Act and respecting ‘best interests’; the legal (and philosophical) distinction between withholding and withdrawing treatment; the doctrine of double effect; assisted suicide; and euthanasia.
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Pavićević, Aleksandra. "„PACIJENTOVO PISMO“ KAO PRAVNI OSNOV ZA PRIMENU PASIVNE EUTANAZIJE." In XXI vek - vek usluga i uslužnog prava : Knj. 12, 211–29. University of Kragujevac, Faculty of Law, 2021. http://dx.doi.org/10.46793/xxiv-12.211p.
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The subject of the paper is the relationship between the duties of physicians and other medical professionals towards the dying patient (as a provider of medical services) and the patient's right to personal choice and preservation of his own right to self-determination in relation to body and life, which is a special subjective civil right. The author discusses the legal-medical (but also ethical) issue of the patient's ability to freely decide not to agree to a medical measure of artificial prolongation of life or suspension of already started measures. The issue is examining the limits of the so-called permissibility of “passive euthanasia”, which is indirectly recognized in domestic law by the Law on Patients' Rights and the legal basis for its application in one particular modality, the so-called "Patient letter" (living will) which is an established legal instrument in some foreign legislation and practice. Analyzing the experience of some foreign countries, the author supports the introduction of such an institute - as a kind of anticipated directives in domestic law, referring to the patient's constitutional right to self-determination, which embodies the supreme good, even more valuable than (unwanted) life. Such a solution is in line with the principle of human will autonomy, freedom to dispose of life as a personal good, and potentially a reflection of the so-called "the right to die", which is the reverse of the right to life