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Should people be denied ‘choices’ at the end-of-life?

By Paul Russell - posted Friday, 29 January 2016


I have never come across a 'safeguard' that could guarantee safety for vulnerable people. 'He would say that!' some may reply. But think for a moment; unless we describe, in the law, every possible illness and every possible remedy what possibility is there that we can ensure safety? The variables are infinite and so are the vagaries of human nature expressed through a myriad of personal relationships, both good and bad.

What the supposed 'safeguards' do well is to protect doctors. They are provided with an immunity from prosecution for homicide or assisting in suicide if they comply with a set of procedures.

In Belgium a doctor was recently referred to justice over the euthanasia death of an older woman who was fit and well but who was simply grieving over the death of her favourite daughter. The story was chronicled in a TV documentary last year. The doctor, Marc van Hoey, was referred to the law, not because the lady was not ill, not because there were alternatives available that were not explored (there were), but because he did not do the euthanasia 'carefully'. In other words, he did not consult with a second doctor.

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Dr van Hoey is on the public record as noting that, in the Belgian law, the second opinion need not agree with the euthanasia request. All that is needed is that the second opinion be noted. Van Hoey would have been protected in law if the medical records had noted a second opinion, regardless of the opinion itself. No concern at all about anything else.

That Belgium has eclipsed The Netherlands as having the most liberal interpretation of their euthanasia laws would make an interesting sociological study. The development of euthanasia ostensibly as a 'last resort' in its initial conception for those who are dying and who have tried every option, to an interpretation where it is now applied as an 'early intervention' and, as described above, even for people who are not actually ill, invites the inevitable conclusion that euthanasia has moved from being available to a limited cohort in limited circumstances to being seen as a human right for all.

Belgian euthanasia supremo, Dr Wim Distelmans, co-chair of their Euthanasia Evaluation Commission, recently claimed this to be the case in response to the Catholic Archbishop of Brussel's insistence that euthanasia may not be carried out in Catholic medical and aged care facilities. Distelmans claimed publicly that euthanasia in his country is a human right. It is Distelman's commission that referred van Hoey to the Department of Justice; yet his commission has trned a blind eye to the admission by his friend, Dr Marc Cosyns, that he has never once complied with the Belgian euthanasia repoting system in more than one hundred cases where he provided euthanasia. No value in safeguards if there are no reports.

There can be no 'right' to be made dead; we will all die. However, when a society views euthanasia and assisted suicide as a 'right' there are inevitable consequences. If a 'right' on what flimsy grounds can we claim to deny those who fall outside the initial framework (for example: having a terminal illness or less-than 6 months to live) their 'right' to be made dead? Human rights , by their very nature, are universal. The same emotive argument mentioned at the beginning of this article will apply; and even if you or I were to baulk at the thought of extending the law, its application, or both, there would be no logical reason to hold ground. In fact, to do so could be claimed as being discriminatory.

And so, when we are told that a euthanasia and/or assisted suicide bill has 'robust safeguards' we may be inclined initially to the thought that these concerns and others will be taken care of. Think again. Though the mover and the supporters of said bill may well believe that their efforts make the putative law secure, it can never be the case. This invites the conclusion that the principle intended effect of these 'safeguards' is really more about trying to assuage our concerns and those of our parliamentarians so as to see the bill pass. It's a fair thing that those pushing for change will 'advertise' the benefits of their product, but, under scrutiny, they fail.

That fence needs to remain. Public safety demands that it is honoured. Perhaps, when we can put this issue aside, maybe we can all refocus our attention and desire to express compassion towards those in need, through better care.

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This article was first published on Hope.



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About the Author

Paul Russell is the Director of HOPE: preventing euthanasia & assisted suicide www.noeuthanasia.org.au.


Paul is also Vice Chair of the International Euthanasia Prevention Coalition

Other articles by this Author

All articles by Paul Russell

Creative Commons LicenseThis work is licensed under a Creative Commons License.

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