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The following article is from the SAVES newsletter, The
VE Bulletin, Vol 17 No 1, March 00
Another Missed Opportunity
The South Australian parliament is once again poised to avoid debate
on the issue of voluntary euthanasia. The Social Development Committee's
report on its inquiry into the Voluntary Euthanasia Bill 1996, tabled on
20 October 1999, makes 11 recommendations. Nine refer to palliative care
and were unanimous. Only two refer specifically to the Bill. They are that
"active voluntary euthanasia and physician-assisted suicide remain criminal
offences" and "the lapsed Voluntary Euthanasia Bill 1996 not be introduced"
(in other words, should not be debated by our elected representatives).
These recommendations were not supported by two of the six members.
This was a predictable outcome. The six members' position on voluntary
euthanasia was public knowledge beforehand and it was not changed by the
inquiry.
In a minority report the Hon Dr Bob Such MP and the Hon Sandra Kanck
MLC. recommend that: "The criminal status of active voluntary euthanasia
and physician-assisted suicide be removed and that these practices be regarded
as the ultimate steps in palliative care, steps which a minority of people
might wish to access" and: "The Voluntary Euthanasia Bill 1996 be reintroduced
and subjected to full debate including the introduction of amendments which
might address any perceived inadequacies."
It has since been moved in both Houses "that the Report be noted", but
debate on the motions has been adjourned and can resume at the earliest
on 27 March, after parliament reassembles. Owing to the limited time allowed
for private members' motions, it is likely to be quite a while before a
vote is taken.
The Committee's inquiry extended over a year. Over 4,000 written submissions
were received, of which 52.7% were opposed to the Bill and 46.8% were supportive,
the rest being indeterminate. More than 100 oral submissions were heard.
It is stated that the majority of witnesses did not comment directly on
the Bill, but were concerned with moral, ethical or religious issues, and
medical treatments such as palliative care.
The Report is substantial, 191 pages in all, including100 pages of text
in six chapters, and several appendices. Four chapters are devoted to the
current situation and to the general debate on voluntary euthanasia - "Introduction";
"The Law Relating to Overseas Jurisdictions"; "The Law Relating to Active
Voluntary Euthanasia in Australia"; and "Moral, Legal and Ethical Issues".
Another chapter deals with "Palliative Care". The coverage of facts, issues
and controversies in these chapters is good, appropriately illustrated
by selected statements from witnesses on both sides of the debate. They
contain useful background material, but the five chapters break no new
ground and contain little if anything that has not already been publicly
documented and argued. It is likely that those who read them will, like
the members of the Committee, find nothing to change their previously held
views on the desirability of a voluntary euthanasia law.
Of more interest to us is the one chapter where the Bill itself comes
under scrutiny. Discussion was focussed on 'the definition of "hopelessly
ill", advance requests, and the checks and balances needed to ensure that
all deaths by euthanasia are voluntary and with informed consent.'
Representatives of the Law Society of Australia, Christopher Kourakis
QC and Robyn Layton QC, commended the Bill for its simplicity. Layton stressed
this pointing out that "It is easier to make modifications to simple legislation
as practice evolves and social change occurs". The Law Society's representatives
also proposed a number of constructive amendments. By contrast, other critics
of the content or language of the Bill made no proposals for improvement,
presumably because their objection was basically to voluntary euthanasia
in principle and they would have found fault with any other Bill in the
same unhelpful way. Their criticisms appeared to suggest that patients
cannot be relied upon to know their own minds, and doctors cannot be trusted
to make a sound assessment of their requests.
But the big question is why, on the basis of the evidence, did four
members of the Committee condemn the Bill? Twenty-three
arguments in opposition to the Bill are listed immediately before their
recommendations and these presumably had their approval. There is no corresponding
list of the responses that could easily have been made. For example, it
is claimed that society's respect for human life would be diminished; that
Australia's international obligations would be broken; that seeking to
end one's life is prohibited by the Declaration of Human Rights; that "vulnerable
people" would be placed at risk, (apparently because they would be pressured
by others, or taken advantage of by doctors); that the criminal law principle
that consent is no defence would be overturned; that the current protection
for life would be removed; and other arguments of like quality.
Most disturbing is the claim that voluntary euthanasia is unnecessary
because the provision for palliative care takes care of the needs of the
great majority of terminally ill patients. The Report acknowledges that
not all unwanted suffering and distress can be relieved, but argues that
"the interests of the individual should not take precedence over those
of society". So much for those who must continue to endure unwanted suffering.
A voluntary euthanasia law would protect the interests of society well
- and far better than the current futile prohibition. Such denial of the
rights of individuals in the name of society is a reversal of democracy
and a denial of compassion.
Eric Gargett
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