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Several major court cases advanced the legal rights of patients, or their
guardians, to practice at least voluntary passive euthanasia (physician assisted
death). These include the Karen Ann Quinlan case (1976), Brophy and Nancy
Cruzan cases. More recent years have seen policies fine-tuned and re-stated, as
with Washington v. Glucksberg (1997) and the Terri Schiavo case. The
numerous legislative rulings and legal precedents that were brought about in the
wake of the Quinlan case had their ethical foundation in the famous 1983 report
completed by the President’s Commission for the Study of Ethical Problems in
Medicine, under the title "Deciding to Forgo Life-Sustaining Treatment"
(Angell, Marcia. "How to Die in Massachusetts." The New York Review of
Books. 21 February 2013: 60.3. Web. 14 Jul. 2014.). The Commission sustained
in its findings that it was morally acceptable to give up a life-supporting therapy
and that withholding or withdrawing such a therapy is the same thing from an
ethical stand-point, while artificial feeding and other life-supporting therapy are
of the same importance for the patients and doctors. Before this report, to
withdraw a medical therapy was regarded as much more serious decision than
not to start a therapy at all, while artificial feeding was viewed as a special
treatment. By 1990, barely a decade and a half after the New Jersey Supreme
Court’s historic decision, patients were well aware that they could decline any
form of medical therapy if they simply choose to do that either directly or by
expressing their wish via appointed representative.
Surely however the debate is not about the right to die; it is about the right to help
patients kill themselves. Instead of giving freedom to patients, euthanasia and
assisted suicide is about giving other people the legal power to end another
person’s life.
Assisted suicide is not a private act. Nobody chooses assisted suicide in isolation.
Euthanasia and assisted suicide are matters of public concern because they
involve one person facilitating the death of another. Friends, relatives, healthcare
staff and society are hugely affected by the wider ramifications of the process.
Journalist and author George Pitcher has said that any change in the law would
have “profound adverse affects on the social fabric of our society, on our
attitudes towards each other’s deaths and illnesses, on our attitudes towards
those who are ill and have disabilities.”
Many people worry that if voluntary euthanasia were to become legal, it would
not be long before involuntary euthanasia would start to happen.
This is called the slippery slope argument. In general form it says that if we
allow something relatively harmless today, we may start a trend that results in
something currently unthinkable becoming accepted.
Those who oppose this argument say that properly drafted legislation can draw
a firm barrier across the slippery slope.
Bibliography:
Obsesia terapeutică. Pro şi contra eutanasiei – noi provocări ale legislaţiei româneşti *
Lect. univ. dr. Laura STĂNILĂ** Universitatea de Vest din Timişoara Facultatea de
Drept
https://www.care.org.uk/our-causes/sanctity-life/arguments-for-and-against-
euthanasia