Euthanasia Flashcards
(17 cards)
What is euthanasia?
the practice of intentionally ending someone’s life to end pain and suffering
why is ECHR art 2 not taking into account when it comes to euthanasia?
- art 2: ‘everyone’s right to life shall be protected by law’
SC made it clear that ‘mercy killing’ remains murder
- court’s interpretation does not include a right to death at one’s choosing
What is active voluntary euthanasia
doctor who is active in the process of euthanasia and a patient who is compliant in the act
explain ‘slippery slope’ in euthanasia
- doctors could blur the line between pain relief and euthanasia
- might encourage calls to legalise active euthanasia
What are the 3 position of the patient ?
- involuntary homicide
- death is not wished = murder - voluntary euthanasia
- death is consciously wished - non-voluntary euthanasia
- person unable to express wish
what is active euthanasia?
deliberate act of ending someone’s life to relieve suffering
- direct action
what is passive euthanasia
- letting die instead of killing
- tends to involve doctor
- eg withdraw life support system / letting badly damaged newborn babies to die
what is assisted suicide
- involves helping another to kill himself
- suicide act 1961 s2(1) ‘ a person who aids, abets, counsels or procures the suicide of another… shall be liable for up to 14 years’
- grey area : isit against the law - there are guidelines for prosecution
–> s2(4) suicide act: ‘no proceedings shall be instituted for an offence under this section except by or with the consent of the director of public prosecutions’
R (pretty) v DPP - assisted suicide
- C suffered from Motor Neurone disease and was able to communicate
- she wanted to make her husband end her life but by an unspecified method
- DPP declined
- C made claims on 5 articles in ECHR
- all rejected by court
Airedale NHS trust v Bland 1993 - passive euthanasia
- disaster of football match
- many people lost lives
- Bland resulted in vegetative state
- was fed through a naso-gastric tube
- doctors were allowed to remove the tube
R v Cox - active euthanasia
- primary intention of the doctor was to end life not to alleviate pain
- guilty of attempting to end her life - attempted murder
- ‘what can never be lawful is the use of drugs with the primary purpose of hastening the movement of death’
R v Frances Inglis - active euthanasia
- son brain damaged through falling out of ambulance
- mother killed him convinced he was in agony with love in her heart
- sentenced to 9 years for murder
R v Woollin - test for active euthanasia
- you can have an indirect intention which involves a foresight of virtual certainty
- doctors must foresee that their act will accelerate their death
–> giving leeway in relation to their practice
–> however, a parent killing a terminally ill/ damaged child is guilty of murder
what is the terminally ill adults (end of life) bill 2024?
a person who wants to end their life must:
(a) have the capacity to make choice and clear settled informed wish
(b) satisfy two doctors that they are expected to die within 6 months
- doctors would set up but person would take substance herself
- process overseen by legal and medical experts
what are the defences for euthanasia?
necessity and medical necessity
What is the court ruling on R v Dudley & Stephens
necessity is not a defence to murder
Re A (conjoined twins 2001) - medical necessity
- both M and J had right to life
- separation would kill M
- doctors have intention to kill
- as this is a unique case, defence of necessity is allowed
- ‘world of difference between taking a life to save one and taking life because the deceased wishes it to end’
