Euthanasia and the Law
A severely handicapped or terminally ill person should have the right to
choose to live or die. The right to live; the right to choose to live or die
should not only be a right allocated for bodied individuals of sound mind but
for all human beings. Euthanasia is a controversial issue which encompasses the
morals, values and beliefs of our society.
Euthanasia, literally defined means "good death". There are two types
of euthanasia, active and passive. Active euthanasia is the intentional killing
of a person by medical personnel either by a lethal injection or by denying
ordinary means of survival. The act of euthanasia called "passive euthanasia",
is committed by denying or withholding ordinary medical care to a patient.
Currently, under Canadian law euthanasia is prohibited. In Holland
euthanasia has been accepted, in principle for terminally- ill patients, on
request. It comes to be seen as practice for those whose "quality of life" is
judged by themselves as worthless. Even though euthanasia is not yet legal in
Holland, it is legally tolerated. Doctors are rarely prosecuted and even more
rarely convicted. If euthanasia were to be decriminalized in Canada certain
restrictions would have to be put into place, to ensure that a patient's rights
are not infringed upon. A living will should be made when the patient is of
lucid mind. Also, a council should be selected and outlined in the living will.
The council should be chosen by the patient, when the patient is of sound mind
and is able to make decisions. The council might consist of the patient's
family, doctor or any other he or she feels have the same view or perception of
Presently in Canada a living will is not a legally binding document. A
living will is a document prepared and sighed in advance of illness, in which a
person may specify which treatment or care is to be withheld or withdrawn from
him or her in certain situations. It is extremely general, trying to cover a
wide range of accidents or illnesses and possible treatments. Living wills are
created to protect the individual who is unable to participate in decisions
regarding their medical care. In Canada, even with a living will in many cases
any decisions on the removal of medical care must be passed through the court
system. This system must be amended. The living will should be made a legally
binding document. In the United States, living wills have become legally
binding documents, in most states. The recognition of the living will as a
legally binding document is one of the first necessary step required in the
legalization of euthanasia ant the recognition of ones right to their own life.
Every person has the right to choose to live or die. This statement is
a reality for most individuals, but for many terminally ill...