Adherence to the Request Criterion in Jurisdictions Where Assisted Dying Is Lawful? A Review of the Criteria and Evidence in the Netherlands, Belgium, Oregon, and Switzerland

Journal of Law, Medicine and Ethics 41 (4):885-898 (2013)
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Abstract
Some form of assisted dying (voluntary euthanasia and/or assisted suicide) is lawful in the Netherlands, Belgium, Oregon, and Switzerland. In order to be lawful in these jurisdictions, a valid request must precede the provision of assistance to die. Non-adherence to the criteria for valid requests for assisted dying may be a trigger for civil and/or criminal liability, as well as disciplinary sanctions where the assistor is a medical professional. In this article, we review the criteria and evidence in respect of requests for assisted dying in the Netherlands, Belgium, Oregon, and Switzerland, with the aim of establishing whether individuals who receive assisted dying do so on the basis of valid requests. We conclude that the evidence suggests that individuals who receive assisted dying in the four jurisdictions examined do so on the basis of valid requests and third parties who assist death do not act unlawfully. However, further research on the elements that may undermine the validity of requests for assisted dying is warranted. More research on the reasons why requests for assisted dying are refused is also desirable
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First archival date: 2015-08-21
Latest version: 2 (2016-08-18)
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References found in this work BETA
Legal Physician-Assisted Dying in Oregon and the Netherlands: Evidence Concerning the Impact on Patients in "Vulnerable" Groups.Battin, M. P.; van Der Heide, A.; Ganzini, L.; van Der Wal, G. & Onwuteaka-Philipsen, B. D.
Suicide Assisted by Two Swiss Right-to-Die Organisations.Fischer, S.; Huber, C. A.; Imhof, L.; Imhof, R. Mahrer & Furter, M.
Suicide Assisted by Two Swiss Right-to-Die Organisations.Fischer, S.; Huber, C. A.; Imhof, L.; Mahrer Imhof, R.; Furter, M.; Ziegler, S. J. & Bosshard, G.

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