Euthanasia : a criminal law perspective

Abstract

What is euthanasia? Is there euthanasia only where there is a positive act intended to terminate the life of a patient, or also when his death is brought about by a negative act, one of omission? Is the foreseen causation of a patient's death brought about in consequence of measures intended to control pain, indistinguishable from euthanasia, or does the doctrine of double effect allow a clear distinction to be drawn between the two? What are the ethical limits to a competent person's right to refuse life-saving treatment? Can a doctor be guilty of aiding and abetting suicide by omitting life prolonging treatment declined by a competent patient? Finally is there a legal justification for voluntary or non-voluntary euthanasia, or physician-assisted suicide which would warrant their legalisation or do they still amount to the crimes of willful homicide and assisted suicide respectively? These are the questions which this work aims to answer. This work is divided into four chapters. The introduction discusses the ethical issues underlying the debate on euthanasia, broadly understood as in the popular mind to encompass both euthanasia and physician-assisted suicide. These issues are at the basis of how the subject of euthanasia has been treated in this work. The first chapter deals with the position of euthanasia under the criminal law of various countries. The second discusses the withholding or withdrawing of treatment, and when these treatment-limiting decisions amount to euthanasia and when they do not. The third chapter deals with the position at law of physician-assisted suicide. The fourth chapter describes the situation obtaining under Maltese law on this subject, and discusses whether a reform is required or otherwise. The conclusion brings together the final reflections on the subject. With the exception of the Netherlands, most legal debate on the subject has taken place in Common Law countries. The work will therefore focus on developments in the legislation of Common Law countries, such as the UK, US, Canada and Australia. As regards case-law critical issues have had to be considered mainly by English and American courts, where there has been a great deal of relevant judicial activity. Therefore most of the cases discussed are English and American.