Death Gives Birth to the need for new Law: The case for law reform regarding medical end of life decisions

Abstract

Many people who oppose the legalisation of euthanasia and/or physician assisted suicide argue that to do so would increase the risk of abuse of people when they are most vulnerable. It is argued that no legislation can be written that would provide adequate safeguards to ensure that once allowed, the process of euthanasia would not be abused. In this paper, I will argue that those fears although valid, do not and cannot serve as the 'coup de grace' to calls for euthanasia. I propose to show that such safeguards are not present in law at the moment, yet we do not see or hear about a rash of cases where people are being pressured to make decisions that prematurely end their life, and there is no sound reason for believing that such issues would arise in the future, were euthanasia allowed. On the way, I shall also argue that if we are serious about the demands for safeguards to ensure that people, as they approach the end of their lives, are not subject to undue pressure, then those safeguards are required now, whether or not we ever accept the legalisation of euthanasia.