Citation

Lewis P, Black I. J. Law Med. Ethics 2013; 41(4): 885-898.

Copyright

(Copyright © 2013, American Society of Law, Medicine and Ethics, Publisher John Wiley and Sons)

DOI

10.1111/jlme.12098

PMID

unavailable

Abstract

Some form of assisted dying (voluntary euthanasia and/or assisted suicide) is lawful in the Netherlands, Belgium, Oregon, and Switzerland. In order to be lawful in these jurisdictions, a valid request must precede the provision of assistance to die. Non-adherence to the criteria for valid requests for assisted dying may be a trigger for civil and/or criminal liability, as well as disciplinary sanctions where the assistor is a medical professional. In this article, we review the criteria and evidence in respect of requests for assisted dying in the Netherlands, Belgium, Oregon, and Switzerland, with the aim of establishing whether individuals who receive assisted dying do so on the basis of valid requests. We conclude that the evidence suggests that individuals who receive assisted dying in the four jurisdictions examined do so on the basis of valid requests and third parties who assist death do not act unlawfully. However, further research on the elements that may undermine the validity of requests for assisted dying is warranted. More research on the reasons why requests for assisted dying are refused is also desirable. copy; 2013 American Society of Law, Medicine & Ethics, Inc.

Language: en

Keywords

Humans; United States; human; Europe; assisted suicide; Oregon; Mental Competency; Euthanasia, Active, Voluntary; Terminally Ill; Suicide, Assisted; terminally ill patient; mental capacity; voluntary euthanasia; legislation and jurisprudence