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Chapter 11 looks at some of the legal and ethical dimensions of two high-profile situations: abortion and voluntary assisted dying. These situations are often discussed together because they concern the limit of human vulnerability (in death) and the limit of human freedom and autonomy (in determining who can legitimately kill). This chapter considers some of the main ethical arguments for and against abortion and voluntary assisted dying, and sets out the relevant legal frameworks for nurses. In recent years, voluntary assisted dying laws have been introduced in all Australian states and the Australian Capital Territory, but not yet the Northern Territory, although legislation is being prepared. While nurses often have a special interest in the morality of abortion and voluntary assisted dying, the nurse’s role is clearly prescribed by law, and failure to act within the law can result in criminal charges of assault or even manslaughter.
The Mental Capacity Act 2005 was not designed to, and is not fit to, provide safeguards for assisted dying. The impairment requirement puts interpersonal pressure beyond the scope of the Act. The criteria included in the Act struggle to deal with the effects of affect and motivation on decision-making even for its intended purposes and within its intended scope. The use of the Act in the Terminally Ill Adults (End of Life) Bill presents an opportunity for reform.
The Afterword briefly illustrates the significance of Thomas’s views on meaning, suffering and death by considering recent arguments (and their underlying assumptions) in the debate around assisted dying (euthanasia) in the United Kingdom.
What is euthanasia? Basically, killing someone for their own good. The aim here is first to clarify this and second to explore the relationship between this killing and that envisaged under the proposed assisted dying scheme. There are important differences. With euthanasia the focus is on the patient’s best interests, doing what is good for her, while with assisted dying the emphasis is on autonomy, and doing what she wants. A suggestion is that the former concern is the one to prioritize.
Proposed assisted dying legislation does not adequately consider comorbid mental illness, such as depression, which variably compromises decision-making capacity. Current tests of capacity are limited in their ability to assess any such compromise, and therefore we highlight these concerns and put forward suggestions as to how this may be rectified.
Assisted dying debates overlook the powerful unconscious forces that shape end-of-life decision-making. These dynamics influence personal, clinical and societal judgements and may be contributing to the rapid international expansion of assisted dying practices. Strengthening safeguards requires acknowledging these forces and integrating structured psychological assessment, clinician support and reflective practice to reduce unconscious bias and enhance the reliability, transparency and ethical integrity of decisions.
Regulation of the beginning and end of life raises myriad medical, legal, philosophical, moral and ethical issues. It also implicates a range of rights, most notably the right to life, freedom from ill-treatment and the right to private life. This chapter considers the ways in which State regulation of abortion, withdrawal/refusal of medical treatment and assisted dying engage rights protected by the ECHR. In particular, this chapter examines when life begins for the purposes of Article 2 (right to life) and whether the right to life precludes or, indeed, requires that States enable access to assistance in dying. Domestic law is considered, demonstrating the ways in which the margin of appreciation operates to confer a significant degree of latitude on States to regulate the beginning and end of life.
As assisted dying moves towards legalisation, it is imperative that research be undertaken to inform eligibility and ensure that proper safeguards are instituted. To achieve a meaningful understanding of physician-assisted suicide, such research must draw on professionals with a wide range of expertise and include people with lived experience.
The article “Is Assisted Dying Really a Matter for Medical Regulation” provides four arguments for the demedicalization of Assisted Dying (AD). Giwa, Myers, and Teaster counter, arguing that demedicalization will increase regulatory complexities if “non-medics” are at the helm and that AD will not be any less susceptible to healthcare economics.
This paper considers whether assisted suicide and euthanasia (AS/E) is an area for medical regulation or whether there is a better alternative regulatory mechanism to govern it. Drawing from empirical evidence across a range of jurisdictions where it is legalized, the paper argues that there are at least four good reasons to consider demedicalizing AS/E: (1) pragmatic ethical issues of infrastructural weakness in AS/E service provision in already overstretched healthcare systems globally; (2) challenges of medicalization; (3) regulatory complexities concerning medical law (including pharmaceutical law) and criminal law; (4) the risk that AS/E becomes more easily susceptible to healthcare economics. The paper suggests several recommendations concerning a possible “demedicalized model.”
The papacy played a central role in the development of Roman Catholic teaching about bioethics. Pope Pius XI’s Casti connubii (1930) condemned contraception, sterilization, and abortion. Papal teaching was broadly accepted by Catholics before the 1960s. Widespread dissent in the Church greatly increased after the publication of Pope Paul VI’s Humanae vitae (1968). The first successful IVF procedure in 1978 raised new bioethical issues relating to the status of human embryos outside the womb.
The Catholic hierarchy was more successful in lobbying politicians to enact restrictive laws, or obstruct liberal reforms, than in persuading the laity to accept its teaching on birth control and assisted human reproduction. A rift emerged between mainstream Catholic culture and the institutional Church. The Church is now circumscribed in meeting the challenges presented by complex ethical issues, such as surrogacy and assisted dying, because of the papacy’s inflexible stance on these matters.
In 2022, assisted suicide (AS) was legalized in Austria. We aimed to investigate the experiences and attitudes of palliative care (PC) and hospice nurses toward AS in Austria after the first year of implementation of the new law.
Methods
A cross-sectional survey was distributed online to nurses in every known specialized and general hospice and PC units in Austria (n = 255 units). The questionnaire included sociodemographic characteristics, the Assisted Suicide Attitude Scale, the Comfort Discussing Assisted Suicide Scale, and questions on recent experiences with AS requests. We used Spearman’s correlation coefficient for determining associations between sociodemographic characteristics and attitudes toward AS, as well as comfort discussing AS. For comparison of frequencies, we applied ꭓ2 tests. We computed a linear regression model to examine predictors for attitudes toward AS.
Results
The total sample were N = 280 nurses. More than half (61.2%) indicated that they had cared for a patient who expressed a wish for AS within the first year of implementation. Though responses varied widely, more nurses expressed support for AS than those were opposed (50.36% and 31.75%, respectively). Factors that statistically contributed to more reluctance toward AS in the regression model were older age, religiousness, and experience of working with patients expressing a wish for AS.
Significance of results
This work provides valuable insight into nurses’ perceptions toward the legislation of AS in the first year since the new law was passed. The results can inform the future development of the AS system and support for nurses in end-of-life care, and critically contribute to international discussions on this controversial topic.
With assisted dying becoming increasingly available to people suffering from somatic diseases, the question arises whether those suffering from mental illnesses should also have access. At the heart of this difficult and complex matter are values such as equality and parity of esteem. These issues require humane deliberation.
Euthanasia review committees (Regionale Toetsingscommissies Euthanasie, RTE) scrutinise all Dutch cases of euthanasia and physician-assisted suicide (EAS) to review whether six legal ‘due care’ criteria are met, including ‘unbearable suffering without prospect of improvement’. There are significant complexities and ethical dilemmas if EAS requests are made by people with intellectual disabilities or autism spectrum disorders (ASD).
Aims
To describe the characteristics and circumstances of people with intellectual disabilities and/or ASD who were granted their EAS request; investigate the main causes of suffering that led to the EAS request; and examine physicians’ response to the request.
Method
The online RTE database of 927 EAS case reports (2012–2021) was searched for patients with intellectual disabilities and/or ASD (n = 39). Inductive thematic content analysis was performed on these case reports, using the framework method.
Results
Factors directly associated with intellectual disability and/or ASD were the sole cause of suffering described in 21% of cases and a major contributing factor in a further 42% of cases. Reasons for the EAS request included social isolation and loneliness (77%), lack of resilience or coping strategies (56%), lack of flexibility (rigid thinking or difficulty adapting to change) (44%) and oversensitivity to stimuli (26%). In one-third of cases, physicians noted there was ‘no prospect of improvement’ as ASD and intellectual disability are not treatable.
Conclusions
Examination of societal support for suffering associated with lifelong disability, and debates around the acceptability of these factors as reasons for granting EAS, are of international importance.
Religious traditions, especially in the West, have historically condemned suicide. This attitude has changed over time, such that compassion for the deceased and for survivors, together with appreciation of underlying troubled mental states, has led to an increasing emphasis on prevention and support. Membership of faith communities and spiritual practices are generally, but not always, protective against suicide. Some therapeutic treatments have evolved from a spiritual background. Spiritual beliefs and attitudes, such as a search for meaning, can be considerations for those contemplating suicide, as seen in case histories. Taking spiritual factors into account in both assessment and management is beneficial. Severely ill people may wish for assisted dying as a way of ending their suffering. Laws and attitudes to this differ internationally and change over time. People bereaved by suicide are a vulnerable group, and require appropriate support by both spiritual and health professionals.
The UK is currently considering making assisted dying available to patients who are terminally ill. We discuss ethical and practical aspects of this complex issue and outline the potential role of psychiatry. We set out the challenges of implementation of legislation, and potential unintended consequences including the impact on health inequalities.