|
The following article is from the SAVES newsletter, The
VE Bulletin, Vol 16 No 3, November 99
Philip Nitschke talks to SAVES
SAVES members had the privilege of hearing Dr Philip Nitschke speak
at the general meeting held on 11th July, when he gave an account of current
developments both at the international level, and, in what he referred
to in Australia, as the "post Bob Dent world". Bob Dent was, of course,
the first person to benefit under the Northern Territory's
Rights of
the Terminally Ill Act, which was subsequently overturned by federal
legislation.
Dr Nitschke posed two questions to the audience to illustrate the schism
between law and justice in respect of voluntary euthanasia. In asking "Whose
life is it?" he argued that the only moral answer is "one's own". Part
of the right to life is the right to decide when it is no longer worth
living. If this is not the case then we are all "rightless pawns". Jack
Kevorkian's situation, for example, provides the law's view of this question.
In his trial it was made clear that an enduring request by a hopelessly
ill person is not a legal defence. The gap between law and justice could
hardly be more clearly illustrated.
Dr Nitschke's second question was "What do we owe people who want to
end their life"? Do we help, thwart, or merely ignore them? The law demands
we turn our backs and walk away; Dr Kevorkian is currently in prison because
he refused to do this.
Dr Nitschke then spoke of the experience in Oregon with their first
year of legislation. Twenty three people had prescriptions filled, and
the fifteen who subsequently sought physician assisted suicide, covered
a broad spectrum of society. This was in stark contrast to predictions
by opponents of the legislation that the poor and uneducated would be over-represented
statistically among those seeking physician assisted suicide. Although
the law appears to be working well in Oregon, there is a move for federal
intervention to disable it. Legislation has been proposed to make it illegal
for doctors to prescribe, or for pharmacists to dispense, the drugs required
for physician assisted suicide.
Dr Nitschke pointed out that if fair legislation can be overridden in
this manner, the pessimism and anger which arises inevitably leads to consideration
of options outside the legislative framework. Initiatives are now being
taken to help people whose hopes were raised, and subsequently dashed,
by overturning the Northern Territory legislation. With no voluntary euthanasia
legislation in place, a problem arises in the legal sanction of assisting
or advising people in regard to rational suicide. Dr Nitschke has sought
to formalise the dissemination of information through his advisory clinics.
This approach mirrors guidelines issued to medical specialists by their
professional associations which recognise the importance of a focus on
patient autonomy and the need to be fully informed about one's condition
and prognosis.
However a tension arises here between the right of the patient to comprehensive
advice, and the right of a doctor to offer such advice. Dr Nitschke argued
that to offer advice is not to encourage suicide. On the contrary, giving
advice to patients empowers them by offering the security which can prevent
precipitous action. It also reveals the hypocrisy of the current system
within which a privileged few obtain relevant information and relief. Dr
Nitschke claimed that the failure to secure legislative change will lead
to moves to circumvent the need for it by offering DIY pharmaceutical options.
He recognised that the pursuit of such options may cause division among
voluntary euthanasia societies, which tend to be committed to seeking legislative
change.
Dr Nitschke ended his talk with an inspired quote from Bishop Desmond
Tutu:
"to break an unjust law is a moral imperative; not to break an unjust
law is to collaborate with it."
Dr Nitschke received a standing ovation after which a collection was
proposed from the floor, in recognition of his ongoing concern for the
needs of the hopelessly ill and the need for additional funding. The $437.35
collected has been sent to Philip.
|