Slides for my research proposal for Medical Law 2011. Discusses euthanasia in the context of the Voluntary Euthanasia Bill 2010 (SA).

1. VOLUNTARY EUTHANASIA

2. WHY SHOULD WE LEGALISE EUTHANASIA?

3. 1 PERSONAL AUTONOMY

4. 2 SUICIDE IS NOT ILLEGAL SUICIDE IS NOT ILLEGAL

5. 3 ‘DOUBLE EFFECT’

6. ‘DOUBLE EFFECT’ THE PHYSICIAN LACKS CRIMINAL INTENT DEATH IS CAUSED BY THE UNDERLYING ILLNESS OVER-SEDATION IS IN THE PATIENT’S BEST INTERESTS(BUT NO LETHAL INJECTIONS)

7. 4 IT HAPPENS ANYWAY IT HAPPENS ANYWAY

8. In 1995-1996, 30% of all Australian deaths involved a medical end-of-life decision.

9. In 1995-1996, 30% of all Australian deaths involved a medical end-of-life decision. ONLY 4% OF THESE WERE MADE IN RESPONSE TO A DIRECT REQUEST FROM THE PATIENT

10. “ Illegal euthanasia illustrates dramatically what might be called ‘medical anti-professionalism’, that is, an absence of appropriate training, an absence of oversight, an absence of accountability, and an absence of principles guiding oversight .” Professor Roger Magnusson, Angels of Death: Exploring the Euthanasia Underground

11. 5 PROSECUTIONS RARELY HAPPEN PROSECUTIONS RARELY HAPPEN

12. 6 PUBLIC SUPPORT

13. In a newspoll survey in South Australia in 2007, 81% of respondents were in favour of legalising euthanasia

14. PERSONAL AUTONOMY LEGALITY OF SUICIDE ‘DOUBLE EFFECT’ EUTHANASIA REFORM IT HAPPENS ANYWAY PROSECUTIONS PUBLIC SUPPORT

15. WHY ARE PEOPLE AGAINST EUTHANASIA REFORM?

16. 1 SANCTITY OF HUMAN LIFE SANCTITY OF HUMAN LIFE

17. 2 ‘SLIPPERY SLOPE’ http://slurmed.com/wall/162/162_suicide-booth_1152.png

18. THE NETHERLANDS LEGALISED EUTHANASIA IN 2002 In 2003, deaths attributable to euthanasia comprised less than 1.5% of the total deaths that year. In 1995, deaths attributable to euthanasia or assisted suicide comprised 2.4% of the total deaths In 2001, they comprised 2.5%

19. DEATHS ATTRIBUTABLE TO EUTHANASIA OR ASSITED SUICIDE IN THE NETHERLANDS

20. 3 REDUCING COST OF HEALTHCARE REDUCING COST OF HEALTHCARE

21. IN AUSTRALIA, PALLIATIVE CARE IS COVERED BY THE PBS AND MEDICARE

22. Before a request for euthanasia is made, two medical practitioners acting independently must fully inform the person of - the forms of treatment that may be available to the patient and the respective risks, side effects and likely outcomes of such treatments; and the extent to which the effects of the illness could be mitigated by appropriate palliative care; Voluntary Euthanasia Bill 2010 (SA), section 5(2)

23. 4 PRESSURE FROM FAMILY PRESSURE FROM FAMILY

24. 5 COMPETENCE OF PATIENT COMPETENCE OF PATIENT

25. 6 MAINTAIN THE STATUS QUO MAINTAIN THE STATUS QUO

26. SANCTITY OF HUMAN LIFE SLIPPERY SLOPE COST OF HEALTHCARE AGAINST REFORM FAMILY PRESSURE COMPETENCE STATUS QUO

27. WHAT WOULD BE THE IMPLICATIONS FOR OTHER STATES IF THE VOLUNTARY EUTHANASIA BILL (2010) PASSES?

28. AUSTRALIAN CONSTITUTION, s 117 States are prohibited from enacting laws that discriminate against residents of other states

29. The Bill does not require a person seeking euthanasia to be a South Australian resident, nor could it by virtue of s 117. ASSISTED SUICIDE IS A CRIME IN EVERY STATE AND TERRITORY IN AUSTRALIA.

30. UK DPP PUBLIC INTEREST FACTORS AGAINST PROSECUTION The victim had reached a voluntary, clear, settled and informed decision to commit suicide. The suspect was wholly motivated by compassion. The actions of the suspect, although sufficient to come within the definition of the crime, were of only minor encouragement or assistance. The suspect had sought to dissuade the victim from taking the course of action which resulted in his or her suicide. The actions of the suspect may be characterised as reluctant encouragement or assistance in the face of a determined wish on the part of the victim to commit suicide. The suspect reported the victim's suicide to the police and fully assisted them in their enquiries into the circumstances of the suicide or the attempt and his or her part in providing encouragement or assistance.

31. “ Nothing in this policy could be taken to amount to an assurance that a person will not be prosecuted if he assists the suicide or attempted suicide of another person .” Kier Starmer, QC, UK Director of Public Prosecutions

32. THANK YOU

33. CREDITS: ALL IMAGES LICENSED UNDER CREATIVE COMMONS PHOTOS: FLICKR / dad loves potato chips / Susan NYC FLICKR / Jayney after... / Irregular Shed http://jmason.org/albums/2004-04-Road-Trip/arizona-territorial-jail.jpg FLICKR / Injections / amasc http://www.freefoto.com/preview/9905-04-3/Crime-Scene-Do-Not-Enter FLICKR / ReSurge International FLICKR / The Law / smip.co.uk FLICKR / Election Night Crowd, Wellington 1931 / National Library NZ FLICKR / Religion Plays an Important Part in the Lives of Residents / US National Archives FLICKR / CascadeAndSTAN FLICKR / Golden Wedding Celebrations at the Orthopaedic Hospital, Gobowen/ LIGC ~ NLW FLICKR / Older Citizens, Retired Persons and Those Unable to Care for Themselves Physically Are Cared for in Two Community Centers / US National Archives FLICKR / freedryk http://jmason.org/albums/2004-04-Road-Trip/arizona-territorial-jail.jpg