Year: 2014
Type: article
Abstract: Physician Assisted Suicide: A Response to Switzerland's Model 2 Part I defines the parameters of the "right to die with assistance" and identifies who has historically been able to request such practices in Switzerland.It argues that current Swiss legislative framework does not preclude a mentally ill/chronically depressed patient from physician assisted suicide.Part II explores the legality of physician assisted suicide in Switzerland and discusses the boundaries for mentally ill/chronically depressed patients.It argues that current Swiss case law guarantees the right to die with assistance and that this right to die with assistance does not preclude mentally ill/chronically depressed patients.To do otherwise undermines individual autonomy, undercuts the philosophical premise of physician assisted suicide and in certain circumstances may violate the law.Lastly, Part III advocates, barring certain issues of severe incompetency, that a mentally ill/chronically depressed patient should be able to avail themselves to the use of physician assisted suicide and argues why Switzerland best addresses the interests of personal autonomy and the right to life. Part I. Swiss Law on Physician Assisted SuicidePhysician assisted suicide must first be defined and differentiated from other terms often used in conjunction with physician assisted suicide in discussing its moral, ethical, and legal viability before its application can be discussed.6 A "right to die" has generally been recognized both domestically and abroad generally referring to a patient's ability to refuse unwanted medical treatment such as withdrawing life supporting measures that would result in the patients' death.7 Individual autonomy provides the foundational principle for a right to die; a patient 6 Note, Physician-Assisted Suicide and the Right to Die with Assistance, 105 HARV.L. REV.2021 (1992).7 Id. Physician Assisted Suicide: A Response to Switzerland's Model 4illness.19 The next section explores the history of physician assisted suicide in Switzerland, from its origin to its current state of legality. A: History of Physician Assisted Suicide in SwitzerlandThe prevailing viewpoint in the world, as shown by explicit law, is that the right to die does not equate to the right to die with assistance.20 As a result, the majority of countries prohibit dying with assistance, through the use of physician assisted suicide, euthanasia or otherwise.21 However, a few U.S states and European nations have enacted legislation or their courts have issued opinions allowing physician assisted suicide.22 The Swiss model of assisted suicide has been considered to be one of the most liberal of all the States that allow for assisted suicide in its application because of its non-penalization statue and the expansive role of non-governmental organizations in the process.23 Additionally, Switzerland is the only jurisdiction of all the jurisdictions that allow for physician assisted suicide to allow foreigners to request an assisted death.24 This situation has become synonymous with the term "suicide tourism." 25 According to current Swiss legislation of assisted suicide, anyone can assist in the suicide process. 26However the typical process involves the patient applicant, a physician, and a nongovernmental right-to-die organization.27 Typically, a patient will apply for an assisted suicide to a right-to-die organization such as EXIT or Dignitas.28 The organization will then evaluate the 19 Id. 20 FRONTLINE: The Suicide Tourist (NBC television), available at http://www.pbs.org/wgbh/pages/frontline/suicidetourist/
Author: Christopher Ryan Sloan
Language: English
Field: Medicine
Domain: Health Sciences
Open Access status: green
OpenAlex ID: W370490025