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Should euthanasia be legalized?

Euthanasia or "mercy killing" is the deliberate and painless acceleration of death of a

person usually suffering from an incurable and distressing disease. It is universally condemned

but some advocate its legalization based on humanitarian sentiments. Philosophically, it is the

proper function of society to safeguard man's right to die when he chooses to, provided it will not

prejudice the rights of others. In churches, all churches are against euthanasia because an

individual does not have the full dominion over his life to the extent of determining whether or

not he will continue to live. Only God who created mankind has the sole right to extinguish it. In

medicine, there is no sense in performing euthanasia in as much as there is no physical pain so

severe that modern medication available today cannot substantially provide relief. The physician

may be mistaken in the diagnosis of impending death. Recovery, of the kind bordering closely on

a miracle, may occur.

However, according to Article 6 (1) of the International Covenant on Civil and Political

Rights (ICCPR), it states that “Every human being has the inherent right to life. This right shall

be protected by law. No one shall be arbitrarily deprived of his life. And according to Article 6

(1) of the Convention on the Rights of the Child (CRC), it states that “every child has the

inherent right to life,” and makes no mention of a right to death. In the Philippines, according to

the Art. 253, Revised Penal Code — Giving assistance to suicide — Any person who shall assist

another to commit suicide shall suffer the penalty of prision mayor; if such person lends his

assistance to another to the extent of doing the killing himself, he shall suffer the penalty of

reclusion temporal.. The right to refuse treatment has now been recognized in some Australian
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jurisdictions. Voluntary and involuntary euthanasia and physician-assisted suicide are illegal in

Australia, though prosecutions of medical practitioners are rare . Sociologically, the practice of

euthanasia is an endorsement or toleration of society to suicide and a general approval of crime

committed for a benevolent motive. In other jurisdictions, the modern attitude is to allow

physicians to perform euthanasia in some special cases. Euthanasia has long been debated

whether it should be legalized. But given the laws provided and the consideration of human

rights, it should be legalized under extremely specific circumstances only.

According to Solis (1987), In the case of Dr. Adams who was charged for murder by

administering a pain-killing drug to a patient suffering from a painful and- incurable disease,

which he was then acquitted, the court held that "If the first purpose of medicine (the restoration

of health) could no longer be achieved, there was much for the doctor to do, and he was entitled

to do all that was proper and necessary to relieve pain and suffering even if the means he took

might incidentally shorten life by hours or perhaps even prolong it. The doctor who decides

whether or not to administer the drug would not do his job if he were thinking in terms of hours

or even in months. The defense in the present case was that the treatment given by Dr. Adams

was designed to promote comfort, and if it was the right ana proper treatment the fact that it

shortened life did not convict him of murder" (R. v. Adams, Crim., L.R. 365, 1957).

References

Solis P.P., (1987) Legal Medicine. 903 Quezon Avenue, Quezon City. R.P. Garcia Publishing

Company.
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Beran R.G., (2013) Legal and Forensic Medicine (Springer Reference) 2013th Edition.

Heidelberg: Springer Reference.