Proposed Australian euthanasia bill may return in 2015

Medical Services (Dying with Dignity) Exposure Draft Bill 2014

The six member Legal and Constitutional Affairs Committee of the Australian Senate has issued a report recommending that Greens senator Richard di Natale reflect and consult further with experts concerning his euthanasia and assisted suicide bill.  The Committee also recommended that, if a revised bill is formally introduced, senators should be allowed a “conscience vote” on it. The bill has some provisions that provide some protection for objecting physicians, but they are problematic in some respects.

Lords back assisted dying providing judge gives final ruling

The Independent

Lewis Smith

Judges could routinely be given the power of life or death over patients who are determined to die to end their suffering.

Proposals to use judges as the final arbiters of who can be helped to die go some way to satisfying opponents to Lord Falconer’s Assisted Dying Bill. Lord Pannick QC proposed judicial oversight in amendments to the Bill which went before the House of Lords yesterday. The Lords, in the first Parliamentary vote on the Bill, gave it their approval.

Baroness Butler-Sloss, former head of the High Court Family Division, was among critics of the Bill who said giving judges a crucial role in assisted dying cases could provide the safeguards needed. [Full text]

When is a problem not a problem?

Refusing to dispense drugs to kill patients with psychiatric illness

Levenseinde Kliniek complains about uncooperative Dutch pharmacists

Sean Murphy*

When is a problem not a problem?In April, 2014, a complaint was made in the Netherlands that some Dutch pharmacists were refusing to provide euthanasia drugs.  The complaint led members of the Dutch Parliament from the green party, GroenLinks, to ask for a debate with health minister, and members of other Dutch political parties let it be known that they were also concerned.

 According to the news reports, over half the physicians at “the independent euthanasia clinic” had been refused lethal drugs, and 23 percent of 53 pharmacists surveyed reported that they sometimes refused to fill euthanasia prescriptions.  It was argued that pharmacists should not be able to refuse drugs needed to kill patients if two physicians had approved the euthanasia request.  However, while the law in the Netherlands permits physicians to provide euthanasia, it does not mention pharmacists. [Full Text]

Judgementalism and moralising in response to Brittany Maynard suicide

Sean Murphy*

On 1 November, Brittany Maynard,  a 29 year old woman with terminal brain cancer, committed suicide in Oregon State with the assistance of a physician (and, presumably, a pharmacist), who provided the lethal medication she consumed.  Assisted suicide is legal in Oregon; that is why Maynard moved to the state.  In the weeks leading up to her death she had become a celebrity because of her public advocacy of assisted suicide, augmented by a kind of “countdown” to the date she had chosen to die. [NBC News]

It is not surprising that the announcement that she had killed herself as planned was followed by an outburst of judgementalism and moralising.

Prominent bioethicist Arthur Caplan stated, “did nothing immoral when she took a lethal dose of pills.”  He dismisses the view that “only God should decide when we die” because he finds that inconsistent with the existence of free choice, adding, “To see God as having to work through respirators, kidney dialysis and heart-lung machines to decide when you will die is to trivialize the divine.” [Brittany Maynard’s Death Was an Ethical Choice]

Chuck Currie, a minister of the United Church of Christ in Oregon, also insisted that Maynard had “made a moral choice.”  He described committing suicide under the terms of the Oregon law as taking “medically appropriate steps to make that death as painless and dignified as possible” – an appropriate exercise of “moral agency.”  Like Caplan, his theological views about the nature of God inform his approach to the issue. [Brittany Maynard Made A Moral Choice]

Writing in the New York Post, Andrea Peyser did not explicitly address either moral or theological questions, but implicit in her headline and awestruck praise for Maynard’s suicide was the premise that the young woman had done a “brave” and good thing. [We should applaud terminally ill woman’s choice to die]

In contrast, the head of the Catholic Church’s Pontifical Academy for Life in Rome, Monsignor Ignacio Carrasco de Paula, said that Maynard’s killing herself was a  “reprehensible” act that “in and of itself should be condemned,” though he stressed that he was speaking of the act of suicide itself, not Maynard’s moral culpability. [Daily News]

Those who condemn “judgementalism” and “moralising” ought to be offended by all of these commentators, because all of them –  Caplan, Currie, Peyser and de Paula – have expressed moral or ethical judgements.  To condemn suicide as “reprehensible” is surely to make a moral or ethical judgement, but moral judgement is equally involved in a declaration that suicide is a “moral” or “ethical” choice that should be applauded.

Health care workers who refuse to participate in some procedures for reasons of conscience or religion are often accused of being “judgemental” or of “moralising.”  In fact, as the preceding examples illustrate, their accusers are not infrequently just as “judgemental” and “moralistic.”   Such differences of opinion are not between moral or religious believers and unbelievers, but between people who believe in different moral absolutes.

This was one of the points made by Father Raymond De Souza during an interview about assisted suicide on CBC Radio’s Cross Country Checkup.  Interviewer Rex Murphy asked him if he thought that  “the idea of any absolute . . . even on the most difficult of questions of life and death . . . are no longer sufficient . . . for the modern world.”  Fr. De Souza’s response:

It’s a shift, Rex, I would say from one set of absolutes to the other.  And the absolute would be the absolute goodness of life, in one case, to assertion of personal autonomy, which is becoming an absolute assertion. And in fact in some of the arguments that have gone before the court, while acknowledging potential difficulties and philosophical objections, the right to personal autonomy trumps everything else.  So, in a certain sense, I wouldn’t say we are moving away from absolutes, but shifting from one set of absolutes to the other . . . [34:21- 35:24]

 

 

 

Assisted dying: When what if becomes what is

Calgary Herald

Peter Stockland

If tone and body language are at all reliable indicators, within the coming year, Canada’s Supreme Court will strike down current laws against assisted suicide.

The justices hearing the Carter case on Oct. 15 gave no visual or audible signs of sympathy to the federal government’s argument that the laws ruled constitutional in the 1993 Rodriguez case should still be deemed constitutional 20 years later.

By contrast, those on the bench appeared eagerly engaged by the position of opposing counsel that Criminal Code prohibitions against counselling suicide and assisting suicide violate the Charter of Rights and Freedoms. Chief Justice Beverley McLachlin and Justice Rosalie Abella were particularly active in querying the “blanket prohibition” of the current law, and its contribution to the “suffering” of those who want help to kill themselves.

All those who assert with certainty how any of this will translate are, of course, themselves unreliable. No one outside of the court itself will know before we all do. But the tableau last week at least gave credibility to the “what ifs” of Canada suddenly opening the legal door to assisted suicide. . . [Full text]