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Research Note 12 1996-97

Choice, Quality of Life and Self-Control: Summary Arguments in Support of Euthanasia

Ian Ireland
Law and Public Administration Group


Introduction

The passage of the Northern Territory Rights of the Terminally Ill Act 1995 and introduction of the Euthanasia Laws Bill 1996 in the Australian Parliament has ignited an often vociferous debate in Australia about euthanasia. This Research Note outlines some of the arguments used by supporters of euthanasia for the terminally ill. However, not all supporters would support all the arguments outlined below.

It is strongly recommended that this Research Note be read in conjunction with its counterpart, Research Note No. 13 1996-97, The Sanctity of Life: Summary Arguments Opposing Euthanasia. Also recommended are Parliamentary Research Service Research Papers No's 3 and 4 1996-97, Euthanasia-the Australian Law in an International Context-Part 1: Passive Voluntary Euthanasia; Euthanasia-the Australian Law in an International Context-Part 2: Active Voluntary Euthanasia and the Bills Digest for the Euthanasia Laws Bill 1996.

Some Definitions

The term 'euthanasia' means a quiet and easy death. The term is often divided into categories such as the following:

  • passive voluntary euthanasia-where medical treatment is withdrawn or withheld from a patient at that patient's request and death results.

  • active voluntary euthanasia-where medical intervention is sought by a patient in order to end their own life.

  • passive involuntary euthanasia-where medical treatment is withheld in order to cause death, but the withholding of treatment is not at the patient's request.

  • active involuntary euthanasia -where medical intervention brings about a patient's death, and the intervention is not at the patient's request.

Quality of Life

Quality of life is an issue faced by many people when making a decision about dying. People faced with a terminal illness are faced with setting standards about quality of life such as:

  • how much physical pain they will have to endure;

  • how much loss of physical and mental control they will have to endure; and

  • how much isolation they will have to endure.

For some, life has an inherent value. For others, it is being conscious that is inherently valuable or having a life worth living. For the latter, choosing a dignified death rather than an undignified existence is a matter of individual freedom which, in its own way, shows a respect for life.

The question of quality of life has become particularly important because advances in medical treatment and technology mean that patients may now be kept alive much longer than in the past, although their quality of life may be extremely poor.

Human Right

The denial of human rights is of the greatest concern in all liberal democracies. Violations of human rights include imprisonment without trial, torture and discrimination against women, racial, religious and political groups. Not to recognise the right of competent terminally ill people to die with dignity, to dictate to a competent terminally ill person that they have to endure an often lingering painful death, is seen by some to be a violation of human rights.

In a liberal democratic society it is argued that every person should have the right to make choices in accordance with their own values as long as those choices do not impinge on the liberties of others. The choice of a terminally ill person to die does not impinge on the liberties of anyone other than themselves. In a liberal democracy a terminally ill person should be able to choose to die where the only alternative is dying suffering.

It is also argued that to require a person die in a way that others approve, but the dying person regards as a contradiction of their life, is a form of tyranny.

Personal Autonomy

Like the decision of whether or not to have an abortion, the decision of how and when to die is one the most intimate and personal choices a person may make in a lifetime, a choice central to a person's autonomy and dignity.

Active voluntary euthanasia is merely the response of a medical practitioner to a request from a competent and autonomous person.

The Slippery Slope

One of the major arguments used by opponents of active euthanasia is that it would lead to the lives of the poor or indigenous people being devalued and coerced. Such rationale can be seen to be patronising and racist. The argument assumes that the poor, indigenous people and the elderly are incapable of decision making.

Providing a statutory regime for voluntary euthanasia will regulate and provide safeguards for what at present, may be unregulated practice.

Some proponents of active voluntary euthanasia would argue that research in the Netherlands shows that the practice can be properly regulated and that there is no statistical evidence that involuntary euthanasia occurs frequently, or more frequently, in the Netherlands than other Western societies.

Palliative Care

While palliative care in terminal illness may reduce pain and distress, it may not improve quality of life. Palliative care can give many terminally ill patients the death they wish, but that death is not desired by everyone.

Palliative care may reduce pain and distress and improve the quality of life in many terminally ill patients. However, even good palliative care will fail to relieve pain for some patients. Proponents argue that active voluntary euthanasia, in properly controlled circumstances, should be available for such patients.

Public Opinion

Polls, including: an Australian National University nation wide survey in February 1995; a National Church Life Survey of February 1995; a Roy Morgan opinion poll in The Canberra Times of August 1995; an AGB McNair AgePoll in The Age in June 1996; and a Newspoll Survey in The Australian in July 1996; suggest that a majority of Australians are in favour of euthanasia, as are the Doctors Reform Society and support groups for people suffering from HIV/AIDS.

 

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