Wednesday, June 26, 2013

Euthanasia Laws By Country

Efforts made to change the laws and policies on euthanasia in this century has had limited success in different countries. Policies have been developed by NGOs, mostly medical and advocacy associations.

Australia:
Euthanasia is illegal as of now in Australia. It was legal in a few northern territories of Australia, after the Rights of terminally ill Act 1995 was passed. Before this law was passed, Dr Philip Nitschke, was said to have helped three cases by using a machine called deliverance machine. An organization called as the Exit International was founded by Dr. Philip Nitschke, who wanted the government of Australia to bring back laws legalizing euthanasia.

Belgium:
Parliament of this country legalized euthanasia in the year 2002.

Canada:
Euthanasia in Canada is either passive or active euthanasia. Both forms are not legal in Canada.
Passive is the with holding of life preserving procedures, while active is nothing but assisted suicide.
In Ontario, Canada patients do not have to be informed if they are deemed 'incapable', even if they speak or respond, by the staff. Family members with the medical staff will have to decide what to do, taking in to account factors, including written wishes of the patient. A living will is something that is a clear indication of your wishes and may help your family and the staff to reach a decision.Patients and families have authorized passive euthanasia and no punishment is to be given to the doctor doing so.
Section 241(b) of the Criminal Code of Canada, state that it is indictable offense to aid or abet suicide, British Columbia Supreme Court struck down the section, arguing that it is imposed unconscionably discriminatory burdens on severely disabled individuals that were not valid under Sections 7 and 15 of the Charter of Rights and Freedoms on June 15, 2012.
( Charter of rights and freedom of Canada, Criminal Code of Canada, 'British Columbia Court kills Assisted suicide Ban' Courthouse News. 2012 June 18).

India:
India has legalized Passive Euthanasia. On 7th March 2011, the Supreme Court of India legalized passive euthanasia by means of withdrawal of life support, only to patients who are in a vegetative state. But Active Euthanasia is still illegal.
('India Joins nations in legalizing passive euthanasia'. The Hindu. 2011 March 7. Retrieved 2011 March 8)

Israel:
Active Euthanasia is not allowed by the Israeli laws or the Jewish laws. While Passive Euthanasia is Allowed under under a few cases by the Israeli Laws but not at all by the Jewish Laws.

Japan:
The government of japan, had not so far set out any rules to be followed for euthanasia. As a matter of fact, the rules for euthanasia has been set out only by two court cases, one in Nagoya 1962(passive euthanasia) and other in incident at Tokai University 1995(active euthanasia). At present there is a legal framework for implementing euthanasia in Japan.
Condition to be met for passive euthanasia;
  • must be suffering from incurable disease, and must be in the final stages of the disease.
  • must have consent for stopping treatment, consent must be prior to death. If not able to get consent, testimony of family is acceptable.
  • must stop only medical treatment for the patient.
Condition to be met for active euthanasia;
  •  must be suffering an unbearable pain. 
  • must be inevitable death.
  • must give consent, family testimony is not acceptable. 
  • other sources of pain relief must have been exhausted by the doctors.

Luxembourg:
Parliament of this nation passed a bill legalizing euthanasia in 2008 on the 8th February. In 2009 march 19, the bill passed a second reading, to decriminalize euthanasia making it the third nation after the Netherlands and Belgium. An approval from two doctors and a panel of experts is required to end lives of terminally ill patients.

Netherlands:
A law legalizing euthanasia and physician assisted suicide was passed in 2002 in Netherlands. The law codifies the 20 year old convention of not prosecuting doctors who have committed euthanasia in very specific cases, under very specific circumstances.
The Groningen Protocol was developed in 2004 September, which sets out the criteria to be met for carrying out child euthanasia without the physician being prosecuted.('The groningen protocol-- euthanasia in severely ill newborns'. 2005 March)

United Kingdom:
The United Kingdom does not support euthanasia. Any person found to be assisting a suicide or attempting to do so, is breaking the law and can be convicted. Between 2003 and 2006, Lord Joffe made four attempts to pass a bill to legalize euthanasia in The United Kingdom, but all were rejected. In 1992, Dr. Nigel Cox is the only doctor to have been convicted of attempted euthanasia, and has been given a conviction of 12 month suspended sentence. (Nigel Cox Conviction)

United States:
In the most parts of the United States, Active euthanasia is illegal. Patients in the United States retain the rights to refuse medical treatment and to receive appropriate management of pain at their request, even if the patients choices hasten their death. Life support may be withdrawn  under specified circumstances and , under federal law and most state laws only with the consent of the patient, if the patient is not in a state to give the consent, then by the consent of the legal guardian.
While Active Euthanasia, is illegal all over the United State, Assisted Suicide is legal in four state: Oregon, Vermont, Washington, and Montana. ('Physician assisted suicide legal in Montana, court rules'. American Medical News)

Ref: Euthanasia laws by Country. Wikipedia.
YOUthanasia. Criminal Brief. Retrieved 2009 August 27
Assisted Dying Bill - latest. BBC News Online.
Two Decades of Research on Euthanasia from The Netherlands.
Euthanasia: The approach of the courts in Israel and Jewish Law principles.

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