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Palliative Medicine 2003; 17: 97 /101

Euthanasia and physician-assisted suicide: a view from an


EAPC Ethics Task Force
Lars Johan Materstvedt, David Clark, John Ellershaw, Reidun Førde, Anne-Marie Boeck Gravgaard,
H Christof Müller-Busch, Josep Porta i Sales and Charles-Henri Rapin

Background Historical trends and current situation

In 1991 a debate at the European Parliament on Around the world some important changes relating to
euthanasia stimulated discussion at all levels in Europe. euthanasia and physician-assisted suicide have been
Subsequently, the Board of D irectors of the European taking place. In 1996, for the first time in history, a
Association for Palliative Care (EAPC) organized a democratic government enacted a law that made both
working session together with two experts to help them euthanasia and physician-assisted suicide legal acts,
clarify the positio n the organization should adopt under certain conditions / R ights of the Terminally Ill
towards euthanasia. The experts collaborated with the Amendment Act 1996, N orthern Territory, Austra lia.3
Board of D irectors on a document and in 1994 the EAPC The law was, however, made ineffective by an amendment
produced a first statement, Regarding Euthanasia, pub- made to the N orthern Territory (Self-G overnment) Act
lished in the official journal of the EAPC / the European 1978 of the Commonwealth by the Parliament of
Journal of Palliative Care.1 In February 2001, the EAPC Austra lia in 1997.4 In the same year, physician-assisted
Board asked an expert group to form an Ethics Task suicide (but not euthanasia) was legalized according to
Force to review the subject and advice the organization the Oregon D eath with D ignity Act. 5 In April 2001, the
accordingly. D utch parliament’s Second Chamber made the necessary
In the intervening years there have been major devel- changes in the penal code to make both euthanasia and
opments and achievements in the field of palliative care, physician-assisted suicide legal under certain cir-
as well as much discussion, some of it controversial, of cumstances;6 8 this law took effect in April 2002.7,9
euthanasia and physician-assisted suicide. There has also Shortly thereafter, Belgium followed suit; the Federal
been new legislation in some countries. Parliament’s H ouse of Representatives voted in favour of
It is important that the EAPC contributes to informed legalizing euthanasia on 16 M ay 2002.10
public debates on these issues, especially as European Across Europe as a whole, however, we have seen little
policy and law are becoming an increasing feature of evidence in the last 10 years of concerted attempts to
modern life. To do so requires careful and continuing bring about the legalization of euthanasia through
discussion. This is no stra ightforward task, as euthanasia parliamentary processes. Indeed, in many European
and physician-assisted suicide are two of the most countries the legalization of euthanasia is opposed by a
complex and challenging ethical issues in the field of wide range of professional associations representing
healthcare today. This paper builds on current debates doctors, nurses and others, and also by palliative care
and develops a viewpoint from the palliative care organizations.
perspective.
It may be noted that most patients receiving palliative
care suffer from cancer. Across Europe, unfortunately
only a small minority of terminally ill cancer patients has Concepts and definitions
access to palliative care expertise. At the same time, some
86% of patients who die from euthanasia or physician- This paper presents, in turn, definitions of `palliative
assisted suicide in the N etherlands also suffer from care’, `euthanasia’ and `physician-assisted suicide’. The
cancer. 2 first originated with the EAPC and was later taken up
and developed by the World H ealth Organization
Address for correspondence: Lars Johan Materstvedt, PhD, (WH O); it captures some of the underlying norms and
Department of Philosophy, Faculty of Arts, Norwegian U ni- values of palliative care. The second and third say
versity of Science and Tech nology (N TN U), N -7491 Trond- nothing about the norms and values associated with
heim, N orway.
E-mail: lars.johan.materstvedt@medisin.ntnu.no what is defined. When the expression `killing on request’
is used in connection with euthanasia this is a technical
Reproduced with permission from the EAPC. description of the act, based upon the procedure used /
# EAPC 2003 10.1191/0269216303pm673oa
98 EA PC Ethics Task Force

usually an injection of a barbiturate to induce coma, Medicalized killing, withholding/withdrawing futile


followed by the injection of a neuromuscular relaxant to treatment and `terminal sedation’
stop respiration causing the patient to die. Whether or
not euthanasia may be justified killing on request is M any definitions of euthanasia and physician-assisted
another matter, addressed below. A sharp distin ction, suicide have been formulated. N one of the following
therefore, exists here between what `is’ and what `ought’ should be seen as euthanasia within the definitions used
to be.11 here:

. withholding futile treatment;


. withdrawing futile treatment;
Palliative care
. `terminal sedation’ (the use of sedative medication to
Across Europe palliative care is an expanding and
relieve intolerable suffering in the last days of life).
acknowledged part of healthcare. At the same time there
are continuing debates over what palliative care includes
M edicalized killin g of a person without the person’s
and where it begins and ends (stage and type of disease,
consent, whether nonvoluntary (where the person is
prognosis, care setting).12,13 Regional, national and
unable to consent) or involuntary (against the person’s
cultural differences exist in the approach to and organi-
will), is not euthanasia: it is murder. H ence, euthanasia
zation of palliative care. These different viewpoints are
can be voluntary only.18,19 Accordingly, the frequently
also reflected in professional practice.14
used expression `voluntary euthanasia’ should be aban-
N evertheless, one particular definition of palliative
doned since it by logical implication, and incorrectly,
care has had a unifying impact on the palliative care
suggests that there are forms of euthanasia that are not
movements and organizations of many European coun-
voluntary. In the litera ture, as well as in the public debate,
tries. In Spring 1989, the EAPC published a definition of
a dist inction is sometimes drawn between so-called
palliative care in its first newsletter, 15 which was endorsed
`active’ and `passive’ euthanasia. It is our view that this
by the WH O in its document Cancer Pain R elief and
distin ction is inappropriate. On our interpretation, as
Palliative Care.16 M ore recently, a new, modifed WH O
well as according to the D utch understanding,20,21
definition has appeared:17
euthanasia is active by definitio n and so `passive’
Palliative care is an approach that improves the quality euthanasia is a contradiction in terms / in other words,
of life of patients and their families facing the there can be no such thing.
problems associated with life-th reatening illness, Adoption of the following definitions is recommended.
through the prevention and relief of sufferin g by
means of early identificatio n and impeccable assess- Euthanasia is killin g on request and is defined as
ment and treatment of pain and other problems, A doctor intentionally killin g a person by the admin-
physical, psychosocial and spiritu al. istratio n of drugs, at that person’s voluntary and
Palliative care: competent request.
. Provides relief from pain and other dist ressing symp- Physician-assisted suicide is defined as
toms
. Affir ms life and regards dying as a normal process A doctor intentionally helping a person to commit
. Intends neither to hasten nor postpone death suicide by providing drugs for self-administratio n, at
. Integrates the psychological and spiritu al aspects of that person’s voluntary and competent request.
patient care
. Offers a support system to help patients live as actively
as possible until death
. Offers a support system to help the family cope during
the patient’s illness and in their own bereavement Key issues
. U ses a team approach to address the needs of patients
and their families, including bereavement counselling, It is the duty of EAPC to emphasize and promote the
if indicated importance of caring for patients with life-lim iting illness
. Will enhance quality of life, and may also posit ively in accordance with the WH O (2002) definition of
influence the course of illness palliative care.17 Palliative care aims to prevent or reduce
. Is applicable early in the course of illness, in conjunc- suffering and hopelessness at the end of life. Respect for
tion with other therapies that are intended to prolong autonomy is an important goal of palliative care, which
life, such as chemotherapy or radiation therapy, and seeks to strengthen and restore autonomy and not to
includes those investigations needed to better under- destroy it. Access to high-quality palliative care must be
stand and manage distressin g clinical complications promoted through national and international policies
EAPC Ethics Task Force 99

that provide resources for a competent multidisciplinary physicians and other healthcare professionals; (iv)
palliative care workforce across Europe. widening of the clinical criteria to include other
The Ethics Task Force takes the following positio n: groups in society; (v) an increase in the incidence of
nonvoluntary and involuntary medicalized killin g;
1) It is recognized that within Europe several ap- (vi) killin g to become accepted within society.
proaches to euthanasia and physician-assist ed sui- 8) Within the modern medical system patients may fear
cide are emerging and active debate surrounding this that life will be prolonged unnecessarily or end in
is to be encouraged. unbearable distress. As a result euthanasia or
2) Studies of attitu des to euthanasia and physician- physician-assisted suicide may appear as an option.
assisted suicide among professionals, patients and An alternative is to take action through the use of
the wider public as well as studies of their experi- `living wills’ and advance directives, contributing to
ences of these issues may inform the wider debate. improved communication and advanced care plan-
M ost of these studies however suffer from significant ning and thereby enhancing the autonomy of the
methodological weaknesses raising doubts about the patient.
evidence base. A more co-ordinated approach to 9) The Ethics Task Force encourages the EAPC and its
these studies is recommended. members to engage in direct and open dialogue with
3) Individual requests for euthanasia and physician- those within medicine and healthcare who promote
assisted suicide are complex in origin and include euthanasia and physician-assisted suicide. U nder-
personal, psychological, social, cultural, economic standing and respect for alternative viewpoints is not
and demographic factors. Such requests require the same as the ethical acceptance of either eutha-
respect, careful attention, together with open and nasia or of physician-assisted suicide.
sensitive communication in the clinical setting. 10) EAPC should respect individual choices for eutha-
4) Requests for euthanasia and physician-assisted sui- nasia and physician-assisted suicide, but it is im-
cide are often altered by the provision of compre- portant to refocus attention onto the responsibility
hensive palliative care. Individuals requesting of all societies to provide care for their elderly, dying
euthanasia or physician-assisted suicide should and vulnerable citizens. A major component in
therefore have access to palliative care expertise. achieving this is the establishment of palliative care
5) The provision of euthanasia and physician-assisted within the mainstream healthcare systems of all
suicide should not be part of the responsibility of European countries supported by appropriate fi-
palliative care. nance, education and research. Realizing this goal is
6) `Terminal’ or `palliative’ sedation in those immi- one of the most powerful alternatives to calls for the
nently dying must be distin guished from euthanasia. legalization of euthanasia and physician-assist ed
In terminal sedation the intention is to relieve suicide.
intolerable suffering, the procedure is to use a
sedating drug for symptom control and the success-
ful outcome is the alleviation of distress. In eutha- The EAPC Ethics Task Force on Palliative Care
nasia the intention is to kill the patient, the and Euthanasia and its work
procedure is to administer a lethal drug and the
successful outcome is immediate death. In palliative The Ethics Task Force met on three occasions: at the 7th
care mild sedation may be used therapeutically but EAPC Congress, Palermo, Italy (April 2001);22 at the
in this situation it does not adversely affect the U nit for Applied Clinical Research, Faculty of M edicine,
patient’s conscious level or ability to communicate. N orwegian U niversity of Science and Technology
The use of heavy sedation (which leads to the patient (N TN U ), Trondheim, N orway (September 2001)23 and
becoming unconscious) may sometimes be necessary at the Institu t U niversitaire Kurt BoÈ sch, Sion, Switzer-
to achieve identified therapeutic goals; however, the land (M arch 2002).24
level of sedation must be reviewed on a regular basis The working methods of the Ethics Task Force were as
and in general used only temporarily. It is important follows. A comprehensive litera ture review was under-
that the patient is regularly monitored and that taken and disseminated to the members by the secretary.
artificia l hydration and nutritio n are initiated when M embers of the task force group contributed individual
clinically indicated. written components and the consensus document was
7) If euthanasia is legalized in any society, then the formulated and agreed at the three meetings. The
potential exists for: (i) pressure on vulnerable document was presented to the EAPC Board in April
persons; (ii) the underdevelopment or devaluation 2002, after which some further revisions followed prior to
of palliative care; (iii) conflict between legal require- publication. The document represents the views of the
ments and the personal and professional values of Ethics Task Force members and not of the EAPC.
100 EA PC Ethics Task Force

D uring its work, the task force received two manu- References
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