Category: Euthanasia

A Warning from Canada on Assisted Suicide: Physicians’ Conscience Rights at Stake

CNSNews.com

Lynn Wardle

Historically, assisted suicide (aiding a person to take his or her own life) was prohibited by the common law in Canada, as in all common law jurisdictions. Indeed, at common law suicide resulted in forfeiture of all goods and chattels of the suicide victim to the state.  A person who assisted a person to commit suicide also committed a felony.

Prohibitions against attempting suicide and assisting suicide were codified in Canada in 1892.  The attempting suicide law was challenged as infringing upon the protection for individual liberty in section 7 of the Canadian Charter of Rights and Freedoms, but the criminal prohibition against assisted suicide was upheld by the Supreme Court of Canada in Rodriguez v. British Columbia (Attorney General) in 1993.

The statutory prohibition of attempting suicide was repealed in Canada in 1972.  However, the criminal prohibition against assisting a person to commit suicide remained in Canada.

In February 2015, the Supreme Court of Canada ruled that the prohibition of medical assistance in dying violates the Charter of Rights and Freedoms. Carter v. Canada (Attorney General), 2015 SCC 5.  Now Parliament is working to codify the Carter ruling.

A special parliamentary committee was appointed to consider how to reform the law.  On February 25, 2016, the Special Joint Committee on Physician-Assisted Dying delivered to the Parliament of Canada its Report on “Medical Assistance in Dying: A Patient-Centred Approach, February 2016, 42nd Parliament, 1st Session.”

The Report contains 21 recommendations.  Some of them are unobjectionable, but some are troubling to some thoughtful observers and medical ethicists, and a few are dangerously disrespectful of the rights and consciences of marginalized populations. The Report evades, brushes aside, or bulldozes over some very serious ethical issues. . . [Full text]

 

New Belgian law aims to force doctors into euthanasia

 LifeSite News

Jeanne Smits

BRUSSELS, March 17, 2016 (LifeSiteNews) – A handful of Belgian lawmakers are trying to obtain a radical change to the rules governing euthanasia in the country, where so-called “mercy-killing” has been legal since 2002.

Not content with one of the most liberal euthanasia laws in the world, the socialist representatives now want to oblige doctors who have conscientious objections to killing their patients asking for euthanasia, to refer them to a doctor who is prepared to do so. This has been interpreted as a sort of new obligation to accede to all euthanasia requests within a very short period of time, and the wording of the proposed legislation supports this. The changes also include enhanced rights attached to a patient’s “living will” as well as the negation of the right to conscientious objection for institutions. . . [Full text]

 

Doctor-assisted dying: Why religious conscience must be part of the debate

The Globe and Mail

Lorna Dueck

The competing rights of freedom of conscience, freedom of religion and access to physician-assisted death are at an impasse in Canada. When the Supreme Court last year struck down Criminal Code prohibitions on doctor-assisted death, the issue of conscience rights jumped urgently into the national discussion. A religiously informed conscience complicates things further, and thousands of health-care professionals and hundreds of religiously based health-care institutions are demanding that their Charter rights be protected.

If the recommendations from the parliamentary committee for new legislation are accepted and approved by the June 6 deadline, Canada would be by far the most liberal country in the world for medical assistance in dying. It would also become the most repressive on conscience rights, because the committee recommended that conscientious objectors refer death-seeking patients to another doctor or health-care facility – something that many people informed by a sense of duty to God and neighbour cannot do. . . [Full text]

 

Belgian lawmakers to vote on world’s first death on demand law which would mean no doctor could stop a patient who wants to die

 Law is said to have high chance of getting support from parliamentarians

The Daily Mail

Steve Doughty

The world’s first ‘death on demand’ law is set to go before legislators in Belgium who have already ushered through an ultra-liberal euthanasia regime.

The new rules would mean no doctor would be allowed to block the wishes of a patient who asked to die.

The law – put forward by the country’s opposition socialist party – is thought to have a high chance of commanding support from a majority of parliamentarians.

They come at a time when numbers dying each year under the euthanasia laws have doubled in five years to reach more than 2,000. . . [Full text]

 

More bracket creep in Belgian euthanasia

BioEdge

Michael Cook

Three bills which could significantly expand the scope of euthanasia in Belgium have been proposed by Laurette Onkelinx, the leader of the Belgian Socialists and a former Deputy Prime Minister.

The first (PDF) would remove a five-year sunset clause for advance declaration of a patient’s willingness to accept euthanasia. This would mean that a document written 20 or 30 years before would be valid, no matter what a patient might have thought in recent times.

The second (PDF) would force doctors to give a rapid turn-around to requests for euthanasia. They would have to answer within seven days. If they refused, they would have to transfer the patient’s file to a doctor who would be willing to give a lethal injection. This threatens to remove physicians’ right to conscientious objection to euthanasia. It would also force doctors to treat a request as a matter of urgency, even though it might have come during a psychological crisis which would soon pass.

The third (PDF) would remove the right of institutions like hospitals or nursing homes to refuse to allow euthanasia on their premises. Ms Onkelinx insists that institutions have no right to conscientious objection; only doctors do. Her bill affirms a doctor’s right to follow his conscientious belief in the practice of euthanasia. In an explanatory memorandum, she invokes the principle that “a doctor can be neither forced to nor prevented from practicing euthanasia in legal conditions, wherever he might be.”

Although the proposals are radical, they have hardly been reported, even in the Belgian media.

 

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