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
The
Netherlands | Belgium | Israel
| Korea | Hawaii
World News
The Netherlands
The legalisation of voluntary euthanasia in The Netherlands
on 10 April 2001 is ground - breaking news. The Dutch upper house voted
to become the first country in the world to pass such legislation. Forty
six members of the 75- seat Senate voted for the bill, 28 voted against
and one member was not present. Arguably this will provide the international
impetus for more widespread reform.
Belgium - A comparative study
Most of what is known about the practice of voluntary euthanasia
in the Netherlands is based on two government sponsored nation-wide studies
carried out there in 1990 and 1995.(1)
A comparable study was then carried out in Australia with the support of
a grant from the National Health and Medical Research Council (2).
Another comparable study was carried out in Flanders by the department
of Medical Sociology and Health Sciences, Belgium in 1998.
(3)
For the first time it is now possible to make a comparison
of end-of-life medical practice in three countries, one of which allows
the practice of voluntary euthanasia in certain circumstances and two which
do not. (The brief period from July 96 to March 97 during which voluntary
euthanasia was legal in the Northern Territory, came after the data gathering
period.)
Two of the countries have similar populations, 18 million
in Australia and 15.3 million in the Netherlands. Flanders has a population
of 5.9 million which is 60% of the total population of Belgium.
The following comparisons of percentage of all deaths
are made:
|
Australia 1995/6
|
Netherlands1995
|
Flanders1998
|
| Voluntary Euthanasia |
1.7%
|
2.4%
|
1.1%
|
| Physician Assisted Suicide |
0.1%
|
0.2%
|
0.1%
|
| Ending life without explicit request |
3.5%
|
0.7%
|
3.2%
|
| Withholding or withdrawing life prolonging treatment |
28.6%
|
20.2%
|
16.4%
|
| Alleviation of pain in sufficient dosage to be likely
to hasten death |
30.9%
|
19.1%
|
18.5%
|
| All of these |
64.8%
|
42.6%
|
39.3%
|
The study revealed that in 30% of all Australian deaths,
a medical end-of-life decision was made with the explicit intention of
ending the patient's life. Only 4% were in response to a direct request
from the patient. The authors conclude that:
"Australian law has not prevented doctors from practising
euthanasia or making medical end-of-life decisions explicitly intended
to hasten death without the patient's request."
Whatever criticisms of the studies are made, or interpretations
offered, it is clear that the situation in Australia and Flanders is less
satisfactory than in the Netherlands, where there is more emphasis on the
careful regulation and monitoring of medical end-of-life decision-making.
The case is strengthened for law reform to permit voluntary euthanasia
under appropriate safeguards.
References:
(1) van der Maas, P.J., van Delden, J.J., Pijnenborg,
L, Looman, C.W.N., 'Euthanasia and other medical decisions concerning the
end of life', in the Lancet, vol 338 14 Sept 1991 pp 669-74
(2) Kuhse H, Singer P, Baume P, Clark M, Rickard
M 'End-of-life decisions in Australian medical practice.' Med J Aust 1997;
166: pp 191-6).
(3) Deliens, L., Mortier, F., et
al ' End of life decisions in medical practice in Flanders, Belgium: a
nationwide survey' in the Lancet 2000 vol 356 pp 1806-11
Israel
The Knesset Constitution, Law and Justice Committee yesterday
approved a bill enabling anyone over the age of 18 to sign a statement
instructing physicians not to extend their lives by artificial means if
they stand no chance of recovery.
The bill amends the criminal law by determining that a
physician will not be liable for prosecution if he or she does not provide
medical treatment in the form of artificial life support, mechanical breathing,
dialysis, chemotherapy, radiation or transfusions to terminally ill patients
who have signed the statement.
The bill won support from a wide spectrum of MPs, including
ultra-Orthodox legislators, who congratulated the former chairman of the
committee, Meretz MK Amnon Rubinstein, for working out a draft that did
not violate Jewish law. It creates a simple form that can be signed by
anyone over the age of 18, and is renewable every five years. A patient
can cancel the signed statementorally, at any point, according to the law.
Judge Shlomo Shoham, worked hard to obtain a unanimous
vote, emphasizing that the law works by protecting the doctor, rather than
by protecting the patients right to die. Both secular and religious legislators
supported the law.
Based on an article in the Ha'Aretz (Israeli Daily)
March 22 2001 entitled 'Death with Dignity bill gets broad approval', by
Gideon Alon, courtesy of the Euthanasia Research and Guidance Organisation
(ERGO)
Korea
Mercy killings are illegal in South Korea but the Korean
Medical Association, a lobby for 70,000 doctors, has drafted a new ethics
code that would give doctors more discretion in determining the fate of
patients suffering from unbearable pain with no hope of living.
If adopted the new code would allow doctors to discontinue
treatment for terminally ill patients. Without a clear legal definition
of mercy killing, doctors have been uneasy treating patients suffering
unbearably and with only a few days to live. However local medial claims
that the new code may cause legal disputes when doctors refuse treatment
against family wishes.
The euthanasia dispute drew wide media attention in South
Korea after the Netherlands this week became the first country to legalize
voluntary euthanasia.
Based on an article by Associated Press April 13 2001
entitled 'Korean Doctors push for mercy killing'.
Hawaii
Leaders of the State House and Senate wish to discuss
a bill that legalises voluntary euthanasia or physician assisted death,
but need to persuade their committee chairman to call public hearings for
the controversial proposal. It has been two years since the legislature
seriously studied the issues and faced strong opposition form the medical
and religious communities as well as other groups.
Senate President Robert Bunda introduced a proposal that
lets patients with irremediable conditions choose a 'painless inducement
of death.' If passed the measure would override state law, which bans mercy
killings or euthanasia and replaces it with a new chapter on death with
dignity. Senate Bill 709 allows those suffering from an incurable, painful,
serious illness or impairment to sign a declaration that allows doctors
to perform euthanasia at a time set by the individual. However, as with
similar bills, these latest measures are likely to prove unsuccessful due
to powerful entrenched opposition.
Based on an article by Pat Omandam of the Hawaii Star
Bulletin 31 Jan 2001
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