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Overview of Provisions of the Terminally Ill Adults (End of Life) Bill – Assisted Dying:
- Eligibility Criteria:
- The patient must be diagnosed with a terminal illness that is incurable and expected to result in death within a specified time frame.
- The patient must be an adult.
- The patient must have the mental capacity to confirm the decision about their end of life choice.
- Consent:
- The individual must voluntarily request assistance in dying after being fully informed of the diagnosis, prognosis, and potential alternatives such as palliative care.
- The patient must have the opportunity to change their mind at any time.
- Safeguards and Oversight:
- Two doctors or medical professionals should assess the patient’s condition and confirm that they meet the eligibility criteria.
- There are mandatory waiting periods and assessments to ensure the patient’s decision is well-considered.
- The court would need to sanction the decision.
- Protections for Medical Professionals:
- Medical practitioners who assist in the process may be granted legal immunity or protections as long as they comply with the guidelines set out in the bill.
- Checks will be made for coercion regarding assisted dying.
- The bill indicates a doctor or healthcare worker who objects on moral or religious grounds would not be required to participate in assisted dying.
- Impact on Palliative Care:
- The Bill indicates the aim is to ensure patients who want to end their lives do so out of genuine suffering, not due to lack of access to care.
Ethical and Legal Issues:
- Autonomy v Protection: Arguments say that adults should have the entitlement to make decisions about their own bodies and lives, including the choice to end suffering. Opponents, however, often cite concerns about the potential for abuse, the sanctity of life, and the risk of vulnerable adults being pressured into choosing assisted dying.
- Devaluation of life: Critics often raise the concern that legalising assisted dying could lead to the devaluation of life or an expansion of euthanasia beyond terminally ill patients, potentially encompassing people with disabilities or mental health conditions.
- Cultural and Religious Considerations: Different countries and cultures have varying beliefs about death, the right to die, and the role of healthcare providers in ending life. These factors often play a significant role in the debate over such legislation.
Examples:
Some countries and regions have passed similar laws, such as:
- The Netherlands, Belgium, Luxembourg, and Colombia have legal frameworks allowing euthanasia and/or assisted suicide under strict conditions.
- Canada legalised medical assistance in dying (MAiD) for terminally ill adults under the Medical Assistance in Dying law passed in 2016.
- Several U.S. states, such as Oregon (with its Death with Dignity Act), Washington, and California, have passed laws allowing physician-assisted suicide for terminally ill patients.
- Several states / territories in Australia provide that assisted dying may take place within strict guidelines.
Conclusion:
The Terminally Ill Adults (End of Life) Bill is a legislative proposal that would allow terminally ill individuals to choose to end their lives with medical assistance, under a regulated framework to prevent abuse. While the bill is rooted in respect for personal autonomy, it also raises significant ethical, medical, and legal challenges. The debate surrounding such laws involves balancing the entitlements of individuals to control their own end of life decisions with concerns about safeguarding vulnerable adults and ensuring that proper safeguards are in place to prevent coercion or abuse.
Legal Advice
Contact Linley James Solicitors to speak to us about the Terminally Ill Adults (End of Life) Bill and obtaining legal advice to make an advance statement or advance decision (Living Will).
Call us now on 0207 060 1210 to book a legal appointment