Assisted Suicide And The European Convention On Human Rights

Author : Stevie Martin
Publisher : Routledge
Page : 228 pages
File Size : 42,7 Mb
Release : 2021-04-13
Category : Law
ISBN : 9781000374803

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Assisted Suicide and the European Convention on Human Rights by Stevie Martin Pdf

Locating assisted suicide within the broader medical end-of-life context and drawing on the empirical data available from the increasing number of permissive jurisdictions, this book provides a novel examination of the human rights implications of the prohibition on assisted suicide in England and Wales and beyond. Assisted suicide is a contentious topic and one which has been the subject of judicial and academic debate internationally. The central objective of the book is to approach the question of the ban’s compatibility with the European Convention on Human Rights afresh; freed from the constraints of the existing case law and its erroneous approach to the legal issues and selective reliance on empirical data. The book also examines the compatibility of the ban on assisted suicide with rights which have either been erroneously disregarded or not considered by either the domestic courts or the European Court of Human Rights. Having regard to human rights jurisprudence more broadly, including in the context of abortion, the research and analysis undertaken here demonstrates that the ban on assisted suicide violates the rights of a significant number of individuals to life, to freedom from torture or inhuman or degrading treatment and to private life. Such analysis does not depend on a strained or contrived approach to the rights at issue. Rather, the conclusions flow naturally from a coherent, logical application of the established principles governing those rights. While the focus of the book is the Suicide Act 1961, the conclusions reached have implications beyond England and Wales, including for the other devolved jurisdictions and international jurisdictions. Beyond courts and legislators, it will be a valuable resource for students of human rights and medical law, as well as medical and legal practitioners and academics working in human rights and end-of-life care.

Author : Derya Nur Kayacan
Publisher : Unknown
Page : 0 pages
File Size : 47,9 Mb
Release : 2022
Category : Electronic
ISBN : 3031045173

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The Right to Die with Dignity by Derya Nur Kayacan Pdf

"Can I choose to die?" As the number of requests for euthanasia and physician-assisted suicide continues to rise, human rights law faces a new conflict: the right to die vs. the right to life... The right to die or, in other words, 'the right to choose the time and manner of one's own death' is a question of personal autonomy and its limits. This book provides a comprehensive understanding of the right to die and sheds light on its possible future under the European Convention on Human Rights. After setting a clear framework by defining the key terminology, the book takes a two-part approach to achieving its aim. The first part focuses on the right to die in practice by examining selected jurisdictions. Switzerland, which is famous for its assisted suicide organizations, and the Netherlands, which was the first country to legalize euthanasia, are examined in detail. Belgium, Germany, the United Kingdom, and -as an exception to the Convention perspective - Canada are also included. While this examination offers a better understanding of what the right to die looks like in practice, it also provides insights on the slippery slope argument, which serves as a counterweight to personal autonomy, without making a definitive statement on its validity. This part also illustrates the different paths that led or did not lead to the right to die in practice. The second part is an analysis of the European Court of Human Rights case law on the right to die. The Court has made important statements in only very cases, while its caution when approaching such a delicate and controversial topic among its 47 members is understandably emphasized. This analysis of the Court's approach to the balancing of personal autonomy against other interests allows us to take a look back at the practice in more permissive jurisdictions through the lens of the Convention. Taken together, the book's two parts provide valuable lessons for countries that decide to practice assisted dying, which are outlined in the conclusion. In addition, given that a purely legal approach can only offer a partial picture, the book argues that an interdisciplinary approach would be much more favorable in terms of providing the necessary basis for the right to die debate.

Author : Council of Europe
Publisher : Council of Europe
Page : 180 pages
File Size : 47,5 Mb
Release : 2003-01-01
Category : Medical
ISBN : 9789287150707

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Euthanasia: Ethical and human aspects by Council of Europe Pdf

Euthanasia is highly controversial. Is it a crime or an ultimate form of care? Can one person help another to die? And what about palliative care? What criteria should govern decisions to terminate or prolong life? Does euthanasia violate the European Convention on Human Rights? This publication contains 13 essays by various authors, looking at euthanasia from the point of view of ethics, and of religion (Buddhism, Catholicism, etc.).

Author : Anonim
Publisher : Unknown
Page : 204 pages
File Size : 49,8 Mb
Release : 2003
Category : Assisted suicide
ISBN : UOM:39015058211239

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Euthanasia: National and European perspectives by Anonim Pdf

In most Council of Europe member states, active euthanasia is illegal, as is assisting suicide. The number of advocates of the right to die with dignity are growing, but euthanasia still raises numerous questions and remains highly controversial: Is it a crime or an ultimate form of care? Can one person help another to die? And what about palliative care? What criteria should govern decisions to terminate or prolong life? Does euthanasia violate the European Convention on Human Rights? Once two countries, the Netherlands followed by Belgium, decided to amend their legislation to enable doctors to bring a person's life to an end if certain conditions are fulfilled, questions were asked in other European countries about the advisability of making such acts lawful. These volumes take a detailed look at the situation in eight European countries (Belgium, Denmark, Georgia, Hungary, Netherlands, Portugal, Switzerland, United Kingdom) and the United States, as well as taking stock of the discussions taking place throughout Europe on various aspects of the end of life.--Publisher's description.

Author : Jon Yorke
Publisher : Routledge
Page : 464 pages
File Size : 48,6 Mb
Release : 2016-03-03
Category : Law
ISBN : 9781317017745

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The Right to Life and the Value of Life by Jon Yorke Pdf

This groundbreaking book is the first collection to investigate the law, political science and ethical perspectives collectively in relation to the right and value of life. Its contributions from international roster of scholars are organized around five themes: a theoretical positioning of life and death; War, armed conflict and detention; Death as punishment; Medical parameters for ending life; and medical policies for the preservation of life. In studying this issue in its contemporary contexts of "right" and "value," the volume fills the current scholarly lacuna in the general subject of the orientations of life. It presents a much-needed examination of key issues in a broad practical and theoretical context, and holds broad appeal for scholars, researchers, and students occupied with issues of war, armed conflict, the death penalty, and various contemporary medico-legal scenarios.

Author : Panos Kapotas,Vassilis P. Tzevelekos
Publisher : Unknown
Page : 128 pages
File Size : 40,5 Mb
Release : 2018
Category : Human rights
ISBN : 1108461336

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Building Consensus on European Consensus by Panos Kapotas,Vassilis P. Tzevelekos Pdf

Author : Stefania Negri
Publisher : BRILL
Page : 487 pages
File Size : 44,6 Mb
Release : 2012-02-03
Category : Law
ISBN : 9789004223585

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Self-Determination, Dignity and End-of-Life Care by Stefania Negri Pdf

By providing an interdisciplinary reading of advance directives regulation in international, European and domestic law, this book offers new insights into the most controversial legal issues surrounding the debate over dignity and autonomy at the end of life.

Author : Panos Kapotas,Vassilis P. Tzevelekos
Publisher : Cambridge University Press
Page : 503 pages
File Size : 49,9 Mb
Release : 2019-01-17
Category : Law
ISBN : 9781108473323

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Building Consensus on European Consensus by Panos Kapotas,Vassilis P. Tzevelekos Pdf

Presents a critical evaluation of a controversial interpretative tool the ECtHR uses to answer morally/politically sensitive human rights questions.

Author : Stevie Martin
Publisher : Taylor & Francis
Page : 229 pages
File Size : 41,5 Mb
Release : 2021-04-12
Category : Law
ISBN : 9781000374810

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Assisted Suicide and the European Convention on Human Rights by Stevie Martin Pdf

Locating assisted suicide within the broader medical end-of-life context and drawing on the empirical data available from the increasing number of permissive jurisdictions, this book provides a novel examination of the human rights implications of the prohibition on assisted suicide in England and Wales and beyond. Assisted suicide is a contentious topic and one which has been the subject of judicial and academic debate internationally. The central objective of the book is to approach the question of the ban’s compatibility with the European Convention on Human Rights afresh; freed from the constraints of the existing case law and its erroneous approach to the legal issues and selective reliance on empirical data. The book also examines the compatibility of the ban on assisted suicide with rights which have either been erroneously disregarded or not considered by either the domestic courts or the European Court of Human Rights. Having regard to human rights jurisprudence more broadly, including in the context of abortion, the research and analysis undertaken here demonstrates that the ban on assisted suicide violates the rights of a significant number of individuals to life, to freedom from torture or inhuman or degrading treatment and to private life. Such analysis does not depend on a strained or contrived approach to the rights at issue. Rather, the conclusions flow naturally from a coherent, logical application of the established principles governing those rights. While the focus of the book is the Suicide Act 1961, the conclusions reached have implications beyond England and Wales, including for the other devolved jurisdictions and international jurisdictions. Beyond courts and legislators, it will be a valuable resource for students of human rights and medical law, as well as medical and legal practitioners and academics working in human rights and end-of-life care.

Author : James M. Humber,Robert F. Almeder,Gregg A. Kasting
Publisher : Springer Science & Business Media
Page : 159 pages
File Size : 47,5 Mb
Release : 1994-02-04
Category : Medical
ISBN : 9781592594481

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Physician-Assisted Death by James M. Humber,Robert F. Almeder,Gregg A. Kasting Pdf

Physician-Assisted Death is the eleventh volume of Biomedical Ethics Reviews. We, the editors, are pleased with the response to the series over the years and, as a result, are happy to continue into a second decade with the same general purpose and zeal. As in the past, contributors to projected volumes have been asked to summarize the nature of the literature, the prevailing attitudes and arguments, and then to advance the discussion in some way by staking out and arguing forcefully for some basic position on the topic targeted for discussion. For the present volume on Physician-Assisted Death, we felt it wise to enlist the services of a guest editor, Dr. Gregg A. Kasting, a practicing physician with extensive clinical knowledge of the various problems and issues encountered in discussing physician assisted death. Dr. Kasting is also our student and just completing a graduate degree in philosophy with a specialty in biomedical ethics here at Georgia State University. Apart from a keen interest in the topic, Dr. Kasting has published good work in the area and has, in our opinion, done an excellent job in taking on the lion's share of editing this well-balanced and probing set of essays. We hope you will agree that this volume significantly advances the level of discussion on physician-assisted euthanasia. Incidentally, we wish to note that the essays in this volume were all finished and committed to press by January 1993.

Author : Great Britain: Parliament: House of Lords: Select Committee on the Assisted Dying for the Terminally Ill Bill
Publisher : The Stationery Office
Page : 132 pages
File Size : 53,8 Mb
Release : 2005-04-28
Category : Political Science
ISBN : 0104006668

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Assisted Dying for the Terminally Ill Bill (HL) by Great Britain: Parliament: House of Lords: Select Committee on the Assisted Dying for the Terminally Ill Bill Pdf

The Bill was published as HLB 4, session 2004-05 (ISBN 01084188390). This volume contains a selection of the 14,000 personal letters and other submissions received by the Committee with regards to their inquiry into the Bill.

Author : Brigitte Feuillet-Liger,Kristina Orfali
Publisher : Springer
Page : 318 pages
File Size : 46,5 Mb
Release : 2018-11-19
Category : Law
ISBN : 9783319991122

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The Reality of Human Dignity in Law and Bioethics by Brigitte Feuillet-Liger,Kristina Orfali Pdf

Adopting an interdisciplinary perspective, this volume explores the reality of the principle of human dignity – a core value which is increasingly invoked in our societies and legal systems. This book provides a systematic overview of the legal and philosophical concept in sixteen countries representing different cultural and religious contexts and examines in particular its use in a developing case law (including of the European Court of Human Rights and of the Inter-American Court of Human Rights). Whilst omnipresent in the context of bioethics, this book reveals its wider use in healthcare more generally, treatment of prisoners, education, employment, and matters of life and death in many countries. In this unique comparative work, contributing authors share a multidisciplinary analysis of the use (and potential misuse) of the principle of dignity in Europe, Africa, South and North America and Asia. By revealing the ambivalence of human dignity in a wide range of cultures and contexts and through the evolving reality of case law, this book is a valuable resource for students, scholars and professionals working in bioethics, medicine, social sciences and law. Ultimately, it will make all those who invoke the principle of human dignity more aware of its multi-layered character and force us all to reflect on its ability to further social justice within our societies.

Author : Bertrand Mathieu,Council of Europe
Publisher : Council of Europe
Page : 132 pages
File Size : 55,9 Mb
Release : 2006
Category : Law
ISBN : UOM:39015064133872

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The Right to Life in European Constitutional and International Case-law by Bertrand Mathieu,Council of Europe Pdf

The right to life is the prime individual right in treaty and constitution systems of fundamental rights. The whole approach to protecting this right has changed considerably with scientific and medical advances. Whereas traditionally the concern was to protect life from all threats, today there is the additional very prominent issue of human, scientific and medical intervention in the life-giving process in such forms as abortion, medically assisted procreation, embryo research, cloning and euthanasia. This comparative analysis of the case law of Europes constitutional courts and the Council of Europes European Court of Human Rights examines the nature and scope of the right to life in order to determine whether there is a common legal approach to the question in Europe

Author : Ian Dowbiggin
Publisher : Rowman & Littlefield
Page : 176 pages
File Size : 43,7 Mb
Release : 2007
Category : History
ISBN : 0742531112

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A Concise History of Euthanasia by Ian Dowbiggin Pdf

This deeply informed history traces the controversial record of "mercy-killing," a source of heated debate among doctors and laypeople alike. Dowbiggin examines evolving opinions about what constitutes a good death, taking into account the societal and religious values placed on sin, suffering, resignation, judgment, penance, and redemption. He also examines the bitter struggle between those who stress a right to compassionate and effective end-of-life care and those who define human life in terms of either biological criteria, utilitarian standards, a faith in science, humane medical treatment, the principle of personal autonomy, or individual human rights. Considering both the influence of technological and behavioral changes in the practice of medicine and the public's surprising lack of awareness of death's many clinical and biological dimensions, this book raises profound personal and collective questions on the future of euthanasia.

Author : Howard Davis
Publisher : Oxford University Press, USA
Page : 493 pages
File Size : 52,7 Mb
Release : 2007
Category : Law
ISBN : 9780199289349

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Human Rights Law by Howard Davis Pdf

Covers all the core areas of human rights law, combining an engaging approach with helpful learning features and plenty of headings to make this an ideal text for those new to the subject Summaries, definitions, discussion topics and further reading references are integrated throughout the text and presented in a fresh colour design to illuminate legal complexities and highlight essential concepts Reflective questions are included at the end of each chapter, with suggested key issues for consideration provided on the book's accompanying website. These encourage students to reinforce their learning and foster best practice in developing a reasoned and structured approach to problem solving An accompanying website provides updates on case law and legislative developments as well as an interactive test bank of multiple choice questions to help students consolidate their knowledge Fresh two-colour text design makes the book easy to navigate and highlights cross references and learning features Human Rights Law is written in an engaging and lively manner with an emphasis on explaining the key topics covered on human rights law courses with clarity. No previous knowledge of the subject is assumed but the book provides a thorough introduction to the Human Rights Act 1998 and the way in which the Act gives effect to the European Convention on Human Rights. It looks at the main terms and implications of the convention rights themselves, highlighting some of the more complex and controversial issues of the subject.