The VE Bulletin Excerpts
'No
price is too high to pay for the privilege of owning yourself' Rudyard
Kipling
Vol 18: No 1 March 2001
Spain
| Colombia | Belgium
World News
Spain
On the same day that the Dutch Parliament voted on legalisation for
voluntary euthanasia, the Spanish OCU, the main consumer association of
the country with 60,000 members, published a poll of Spanish doctors and
nurses. 65% of doctors and 85% of nurses report having had requests for
active voluntary euthanasia. The poll also states that three out of every
four Spaniards would be in favour of legalising voluntary euthanasia for
the terminally ill with unbearable suffering.
Reference: ERGO electronic mailing list Nov 28 2000
Colombia
The most requested paper at the World Federation Conference
(September 2000) was presented by Justice Carlos Gaviria Diaz, Chief Justice
of the Colombia Constitutional Court, which ruled in 1997 that physician
aid in dying is no longer a crime. Highlights appear below.
Active Euthanasia and the Colombian Constitutional Court
The Colombian Constitution provides a solid foundation for decriminalising
merciful homicide, when a person suffering an incurable illness, requests
that their life be brought to an end. For instance, Article 1 establishes
that the Republic of Colombia, based on 'the social rule of law', is pluralistic
and founded on respect for human life. Article 16 grants every person the
right to develop their personality freely, with no limitations other than
those imposed by the rights of others, and the law. This draws a contrast
between the democratic liberal state and the paternalistic one, which treats
citizens as subjects.
Pluralism implies choosing a path amongst all the possible meanings
and purposes of life. A person therefore may consider life a sacred good,
deem it valuable though not necessarily sacred, or even not valuable at
all. Arguments which claim that voluntary euthanasia contravenes article
11 of the Constitution - The right to life is inviolable,
are unsuccessful.
It is evident that if life is a right, no one can legitimately be deprived
of it against their will. It is something quite different to impose a duty
to live until natural death, regardless of the circumstances one must face.
While it may be a legitimate belief, it is not one for the state to enshrine
for who do not share such a view. A 'good' cannot continue to be so when
the holder no longer values it as such.
Decriminalisation of voluntary euthanasia also erases the fragile distinction
between omitting a behavior which prolongs life, and that of taking deliberate
action to end life. For upon request, is it not better to take direct action
to extinguish unwanted suffering, rather than force someone to endure it
while waiting for eventual relief through 'lack of action'?
Socrates and Christ are considered to be paradigms of morality. The
first judged it better to die than to live without dignity, and the second,
if we do not misinterpret His message, considered it good to die for humanity.
Both lead us to the conclusion that holding on to life is not always the
best objective possible. Nor is causing another person's death the worst
evil.
It seems clear that it could be worse to torture someone or force someone
to suffer, than to agree to suppress their suffering. The European declaration
of Human Rights includes
The right not to be forced to suffer. Taking
of life without the consent of its 'owner' is an atrocious crime, as is
imposing the duty to live upon someone who rightfully wishes to die.
What the Colombian Constitutional Court has done is not as critics intend
to show, to undermine life, but to rescue the morally responsible, dignified
and free person.
Reference: Hemlock Society USA
Timelines
Fall
2000
Belgium
More than three in 100 deaths in Belgium's northern Flemish region every
year are the result of lethal injection without the patient's request,
according to a recent medical study.
(1)
Euthanasia, where a patient explicitly asks to have his or her life
ended, accounts for a further 1.3 percent of deaths in the region, according
to a Belgian university study, published in the British medical journal
The
Lancet.
Belgium is considering proposals from the ruling Socialist, Liberal
and Green coalition to decriminalize certain forms of euthanasia, against
fierce Christian Democrat opposition. The Belgian study, conducted in 1998
and based on anonymous questionnaires sent to physicians, follows similar
surveys in Australia 1995
(2) and in the Netherlands
in 1990 (3)
and 1995 (4). Australia's
Northern Territory legalized medically assisted suicide for terminally
ill patients in 1996, but the law was later repealed.
The Belgian study found that in almost 40 percent of deaths, a medical
end-of-life decision was involved -- either to shorten a patient's life,
alleviate pain with a potentially life-shortening treatment, or withholding
treatment. The frequency of deaths preceded by an end-of-life decision
is similar in Belgium and the Netherlands, but lower than in Australia,
which was 64.8 percent in 1995.
'However, in Flanders, the rate of administration of lethal drugs to
patients without their explicit request is similar to Australia, and significantly
higher than in the Netherlands', the study claimed. In the Netherlands
the rate was 0.7 percent of all deaths in 1995, about four times less than
that in northern Belgium. In Australia, some 3.5 percent of all deaths
were the result of lethal injection without the patient's explicit request.
'Perhaps less attention is given to the requirements of careful end-of-life
practice in a society with a restrictive approach, than in one with an
open approach that tolerates and regulates euthanasia and PAS (Physician
Assisted Suicide)' the study concluded; referring to different approaches
in Belgium and Australia, on the one hand, and the Netherlands on the other.
This is an edited version of a report 'Lethal Jabs
Study Fuels Belgian Euthanasia Debate', Reuters Brussels, November 24,
2000
References follow for your information…ed
(1) Deliens L. Mortier F. et.al. 'End of life decisions
in medical practice in Flanders, Belgium: a nationwide survey' in Lancet,
2000;
356: 1806-11
(2) Kuhse H. Singer P. Clark M. Rickard M. 'End -of -life
decisions in Australian medical practice. Medical Journal of Australia
1997;
166: 191-6
(3) van der Maas PJ. van Delden JJM. Pijnenborg L. Looman
CWN. 'Euthanasia and other medical decisions concerning the end of life.
Lancet
1991; 338 : 669-74
(4) van der Maas PJ. van der Wal G. Havertake I et. al.
'Euthanasia, physician - aided suicide, and other medical practices involving
the end of life in the Netherlands, 1990-1995.
New England Journal of Medicine
1996; 335: 1699-1705
13 March 2001
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