The VE Bulletin Excerpts
'No
price is too high to pay for the privilege of owning yourself' Rudyard
Kipling
Vol 18: No 2 July 2001
Dignity in Dying Bill 2001
The Dignity in Dying Bill 2001 was introduced into both
houses of the South Australian parliament in March 2001. It is described
as 'a bill for an act to provide for the administration of medical procedures
to assist the death of patients who are hopelessly ill, and who have expressed
a desire for such procedures, subject to appropriate safeguards'.
The order of words in the title is significant, shifting
the emphasis from 'dying' to 'dignity'. If we respect human life, whether
because we regard it as sacred, or intrinsically valuable, or simply from
deep compassion, we have a responsibility to preserve its dignity. Requiring
someone to die, against their will, over a period of grave suffering or
irreversible loss of meaningful life, is a denial of human dignity. It
is an act of cruelty.
While the Bill incorporates many clauses similar to those
included in other voluntary euthanasia laws, actual or proposed, there
are noteworthy features:
The patient must be 'hopelessly ill', defined as 'an
injury or illness that will result, or has resulted, in serious mental
impairment or permanent deprivation of consciousness; or that seriously
and irreversibly impairs the person's quality of life so that life has
become intolerable to that person.' The common requirement of 'terminal
illness', usually meaning a life expectancy of not more than six months,
not only calls on doctors to make an unreliable prediction, but prescribes
a pointless time limit: The longer the life expectancy the greater the
patient's suffering. The essential elements for legislation are that the
condition is irremediable by medical treatment and the suffering is intolerable
to the patient.
Provision is made for an advance request as well as a
current request. In the former case, a trustee or trustees may be appointed
to act if the person loses competence. There is to be a voluntary register
of requests. A patient who proposes to make a current request, must be
given prior information about palliative care options - in particular,
the extent to which the effects of the illness can be mitigated by palliative
care. A palliative care specialist must be consulted if reasonably practicable
when that information is given, if the attending doctor is not a palliative
care specialist.
The attending doctor and the confirming doctor must examine
the patient for symptoms of depression and certify that the patient either
does not show signs of suffering from treatable clinical depression, or,
if symptoms of depression are present, that treatment is unlikely to influence
the patient's decision. After a 48-hour waiting period following confirmation
by a second doctor, the treating doctor may take steps to ensure a painless
and humane end to life, either by administering drugs, or prescribing drugs
for self-administration, or by withholding or withdrawing treatment. Any
doctor may decline to participate but should inform the patient (or trustee)
that another doctor may be willing to consider the request. Any person
may decline to assist in the administration, and medical facilities may
refuse to participate provided they take reasonable steps to inform patients
entering the institution.
Five objects of the Act are listed. The inclusion of a
statement of objectives will serve as an aid to interpretation as well
as a necessary counter to misrepresentation. A committee is established
to monitor the operation of the Act and to recommend improvements or amendments
which will further the objects of the Act. The committee will include persons
nominated by the South Australian Branch of the Australian Medical Association,
the Law Society of South Australia, the Palliative Care Council of South
Australia, the South Australian Voluntary Euthanasia Society, and the South
Australian Council of Churches. The Minister for Human Resources may appoint
three additional members making a total of eight.
Arguably the bill provides safeguards against abuse to
satisfy any reasonable person. Unfortunately, opposition is not likely
to be rational. Past experience is that most opposition in parliament is
founded on commitment to church doctrine, or fear that support will reduce
the chances of re-election, or both.Time will tell if the Bill will be
allowed to proceed to the committee stage of the second reading and be
debated clause by clause. This is an issue that must ultimately be resolved
for the good of society.
It is imperative that SAVES members and the general public
who support the bill write to their state MP, as listed on page 16 of the
telephone directory.
In an article entitled 'Matter of Conscience' published
in The Advertiser on 17th March 2001 by journalist Kym Wheatley,
Archbishop Leonard Faulkner was quoted as saying 'No-one has a right to
die. 'We have a right to live.' The issue of what a ' right to life' may
imply is raised below.
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