Research Paper
Euthanasia:
It Should Be Legally Accepted
Ayako Teramoto
It Should Be Legally Accepted
Ayako Teramoto
Lewis & Clark College
AES220-01 Advanced Writing
December 14, 2006
AES220-01 Advanced Writing
December 14, 2006
Abstract
Today, TV programs sometimes show that a physician has practiced euthanasia or assisted in patients’ suicides. Why are people against euthanasia? What is wrong with it or with physician-assisted suicide (PAS)? What is Euthanasia? Euthanasia is “the practice of ending life in order to give release from incurable suffering.” There five arguments for and against euthanasia, which include the following: autonomy, essential wrongness of killing, the integrity of the profession, potential abuse, and relief of pain and suffering.
There is a cross-cultural, historical, and religious background of the issue of suicide in many countries or societies all over the world and many religions prohibit suicide and euthanasia. These must be considered when making public policy.
In the United States, Oregon is the only state where PAS is legal. This has seen the core since 1997 when Oregon adopted The Death with Dignity Act (the Act).
The Oregon would be a good one because the Act respects the will and right of both patients and physicians. There should be similar laws adopted in other states in the U.S. and in other countries.
Today, TV programs sometimes show a physician practicing euthanasia or assisting patients’ suicides. In Japan, physicians who practice euthanasia are arrested because in many cases, it is difficult to confirm that it is the will of a patient and it is illegal. In the United States, many people object to euthanasia itself. BBC also reported that physicians sometimes practice euthanasia even if it is illegal and most countries prohibit euthanasia (2006 b). Why are people against euthanasia? What is wrong with it or with physician assisted suicide?
Today, TV programs sometimes show that a physician has practiced euthanasia or assisted in patients’ suicides. Why are people against euthanasia? What is wrong with it or with physician-assisted suicide (PAS)? What is Euthanasia? Euthanasia is “the practice of ending life in order to give release from incurable suffering.” There five arguments for and against euthanasia, which include the following: autonomy, essential wrongness of killing, the integrity of the profession, potential abuse, and relief of pain and suffering.
There is a cross-cultural, historical, and religious background of the issue of suicide in many countries or societies all over the world and many religions prohibit suicide and euthanasia. These must be considered when making public policy.
In the United States, Oregon is the only state where PAS is legal. This has seen the core since 1997 when Oregon adopted The Death with Dignity Act (the Act).
The Oregon would be a good one because the Act respects the will and right of both patients and physicians. There should be similar laws adopted in other states in the U.S. and in other countries.
Today, TV programs sometimes show a physician practicing euthanasia or assisting patients’ suicides. In Japan, physicians who practice euthanasia are arrested because in many cases, it is difficult to confirm that it is the will of a patient and it is illegal. In the United States, many people object to euthanasia itself. BBC also reported that physicians sometimes practice euthanasia even if it is illegal and most countries prohibit euthanasia (2006 b). Why are people against euthanasia? What is wrong with it or with physician assisted suicide?
First of all, what is euthanasia? Carl E. Wasmuth, MD of Cleveland Clinic and Cleveland-Marshall Law School stated that euthanasia can be classified into voluntary and involuntary. Voluntary euthanasia occurs when patients ask for it of their own free will while involuntary euthanasia does not need patients’ consent. He also classifies euthanasia into active and passive. Active euthanasia occurs when physicians directly induce patients’ death while passive euthanasia occurs when physicians withdraw or withhold life-sustaining treatment and give natural death to patients. Assisted suicide is a type of active euthanasia in which patients use drugs or other means given by physicians to end their life (2004).
Battin, Professor of Philosophy and Internal Medicine, Division of Medical Ethics, at the University of Utah, in her book Ending Life: Ethics And The Way We Die writes that the debate about euthanasia and physician-assisted suicide (PAS) caught public attention in the mid-1970s and many people got involved in the debate. Liberals tend to think that PAS and voluntary euthanasia could be accepted and should be legally allowed. On the other hand, many conservatives think euthanasia and suicide are morally wrong. The debate became important as a philosophical and international public issue in the twentieth and twenty-first centuries because the epidemiology of human mortality basically changed and death from degenerative diseases such as heart disease and cancer had been increasing.
When the following argument, a background of the issue of suicide and an example of practicing PAS are considered, PAS should be legal.
Battin (2005) showed five arguments for and against euthanasia, which were triggered by the civil rights movement in the 1960s and 1970s.
The first argument was about autonomy. Supporters of euthanasia said patients have the right to decide how to die as well as live. Opposed to this idea, a patient who is terminally ill or dying has great difficulty deciding euthanasia by himself or herself. The advocates insisted that patients’ choices must be respected even if they are “socially shaped” and most patients can make choices without negative influences such as depression. Opponents argued that people must not obligate anyone to practice suicide even if a patient rationally makes a decision of her or his own free will and suicide is morally wrong. The advocates argued against the opponents that they were just assuming that suicide is wrong, which is not proved and the physician can choose to assist the patient’s suicide only if he or she asks (Battin, 2005, p20).
The first argument was about autonomy. Supporters of euthanasia said patients have the right to decide how to die as well as live. Opposed to this idea, a patient who is terminally ill or dying has great difficulty deciding euthanasia by himself or herself. The advocates insisted that patients’ choices must be respected even if they are “socially shaped” and most patients can make choices without negative influences such as depression. Opponents argued that people must not obligate anyone to practice suicide even if a patient rationally makes a decision of her or his own free will and suicide is morally wrong. The advocates argued against the opponents that they were just assuming that suicide is wrong, which is not proved and the physician can choose to assist the patient’s suicide only if he or she asks (Battin, 2005, p20).
The second argument opposed to euthanasia, insisted on the essential wrongness of killing. One of the Ten Commandment told people that “Thou shalt not kill,” so opponents argued that killing is wrong and suicide is killing, so suicide is wrong. The advocates insisted that societies and law allow killing if it occurred in self-defense, war, capital punishment and other situations. Against this idea, opponents said that in those cases, the guilty person is killed, but in this case, the person who is killed in not guilty (Battin, 2005, p21).
The third argument is about the integrity of the profession. The opponents said physicians should not kill patients because the Hippocratic Oath prohibits euthanasia. The Hippocratic Oath is the standard of professional ethics and tells that physicians have to relieve suffering and prolong and protect life (Wasmuth, 2004, p711). The advocates of euthanasia rejoined that assistance in suicide should be accepted because the Oath can be “modified to permit surgery, abortifacients and taking fee for teaching medicine that are originally prohibited.” The opponents answered, “To permit physicians to kill patients would undermine the patient’s trust in the physician.” The advocates said, “Patients trust their physicians more when they know that their physicians will help them, not desert them as they die” (Battin, 2005, p24).
The fourth argument was about potential abuse. The opponents insisted that patients may be killed by their physicians against their will. The advocates argued that society should be allowed to predict what will happen to protect patients’ choices and individual rights. The opponents persisted, “the bases for these predictions are increasing cost pressures” (Battin, 2005, p26). The advocates argued again that their rights and choices can effectively be protected if the cases are carefully designed. Moreover, the opponents urged that people and society around the patients may make them think that they are not valuable to live and may persuade others into choosing death. The advocates insisted that only documented-terminally ill patients may choose to have PAS, which was opposed by the opponents who persisted, “Pressures to die would spread beyond the terminally ill” (Battin, 2005, p26). The advocates said, “Where these practices are legal, there is no evidence of disparate impact on patients in vulnerable groups” (Battin, 2005, p26).
The last argument was about relief of pain and suffering. People supported euthanasia and insisted that patients do not have to suffer pointless pain and only death can save them. People opposed it because they think techniques of pain management can treat virtually all pain and relieve virtually all suffering. The advocates insisted that “virtually all” means that it is impossible to treat some pain or suffering. Then, the opponents argued again that physicians can use complete sedation to control pain. The advocates rejoined that complete sedation means patients cannot feel anything and that is equal to causing death and if that is allowed, the direct way or assisted suicide should be permitted. Furthermore, some people opposed euthanasia because they think they dying process can be important for “a positive, transformative experience of new intimacy and spiritual growth” (Battin, 2005, p29). According to a BBC report, Pope John Paul II stated in 1984 that suffering gives people the power to feel close to Christ (2006 a). The advocates argued that there can be no guarantee of that experience (Battin, 2005, p29).
Battin (2005) thought it is essential to know a cross-cultural, historical, and religious background of the issue of suicide in order to understand the issue of euthanasia. He said that in the Western world, the record of discussion of suicide began in the First Intermediate Period of ancient Egypt 3000 year ago. The writing about suicide was written in Hebrew text. In the ancient Greeks, there were acceptable and unacceptable suicides. Surprisingly, according to Battin, “the Greek and Roman Stoics came to celebrate suicide as the act of the wise man, while the Christian church, from the time of Augustine through the time of Thomas Aquinas, increasingly vigorously condemned suicide as sin” (p165). In addition, Roman Catholicism had most heated debate over PAS in the western world (Battin, 2005, p22) and made some statements opposed to the idea of suicide and euthanasia in the seventh and thirteenth centuries (Wasmuth, 2004, p711) because killing and self-killing mean abandonment or refusal of the gift of life from God (Battin, 2005, p22). BBC also reported that still today killing others or self-killing is thought by some to mean denying God (2006 a). On the other hand, the Catholic Church also cared about the issue of pain and in 1958 Pope Pius XII issued a statement “The Prolongation of Life,” in which he said that physicians may be allowed to use drugs to reduce pain, even though the act causes the earlier death if is not intended (Battin, 2005, p22). As for Judaism, its view of suicide became similar to that of Christianity in the first and second centuries AD and during the Middle Ages that suicide should be prohibited. In the Islamic view, suicide is clearly and always wrong (Battin, 2005, p167).
In the Eastern world, ancient Hinduism, Buddhism and Confucianism in India, Southeast Asia, early China and Japan also had ideas about suicide, which developed differently in each culture, but they retained a unique fundamental ethical stance (Battin, 2005, p166). There was a custom of sati in which a wife whose husband is dead is burned to death in Hindu culture. Ideas about suicide in Confucian China and Bushido and hara-kiri in medieval Japan and kamikaze pilots in World War II were affected by Hindu spirituality and Buddhist views the illusoriness of life. In other words, suicide was considered positive, at least not negative, in those countries (Battin, 2005, p167). On the other hand, BBC report said, “Several Eastern religions believe that we live many lives and the quality of each life is set by the way we lived our previous lives. Those who believe this think that suffering is part of the moral force of the universe, and that by cutting it short a person interferes with their progress towards ultimate liberation” (2006 a). In other words, several Eastern religions opposed stopping suffering and were, therefore, against euthanasia.
The Arctic, Africa, North, Central and South America, and Oceania had oral cultures where practices of suicide and related forms of suicide developed. Their views and practices are very different from those of the literate cultures in the East and West.
As for non-religious people, according to BBC report, they also think suffering givens them a chance to grow mentally and reach “the highest and noblest points of what they really are” (2006 a). Therefore, many people who do not believe any organized religion believe euthanasia is wrong.
As for non-religious people, according to BBC report, they also think suffering givens them a chance to grow mentally and reach “the highest and noblest points of what they really are” (2006 a). Therefore, many people who do not believe any organized religion believe euthanasia is wrong.
Battin showed some examples of the United States and the Netherlands where euthanasia is partly allowed under a law. According to a 1989 study, 85-90% of physicians in the United States were withdrawing or withholding life-sustaining treatment. According to the NY times, a 1994/95 study showed it is estimated that 1.3 million of 2 million American deaths per year were caused by withholding life-sustaining treatment (cited in Battin, 2005, p49).
Oregon is the only state in the U.S. where PAS is legal. It has been legal since 1997. In other states, “allowing to die” is legally accepted (Battin, 2005, p49). The Death with Dignity Act (the Act) was enacted in 1997 and it enabled “terminally-ill Oregonians to end their lives through the voluntary self-administration of lethal medications, expressly prescribed by a physician for that purpose” (Department of Human Services, 2006 a). If people want to participate in the Act, they must be a patient who is: “1) 18 years of age or older, 2) a resident of Oregon, 3) capable of making and communicating health care decisions for him/herself, and 4) diagnosed with a terminal illness that will lead to death within six (6) months” (Department of Human Services, 2006 a). No one living in other states can take part in the Act. The physician who practices PAS must be chosen from “a Doctor of Medicine (M.D.) or Doctor of Osteopathy (D.O.) licensed to practice medicine by the Board of Medical Examiners for the State of Oregon. The Physician must also be willing to participate in the Act” (Department of Human Services, 2006 a) To get a prescription from a participating physician, “1) the patient must make two oral requests to the attending physician, separated by at least 15 days; 2) the patient must provide a written request to the attending physician, signed in the presence of tow witnesses, at least on of whom is not related to the patient; 3) the attending physician and a consulting physician must confirm the patient’s diagnosis and prognosis; 4) the attending physician and a consulting physician must determine whether the patient is capable of making and communicating health care decisions for him/herself; 5) if either physician believes the patient’s judgment is impaired by a psychiatric or psychological disorder (such as depression), the patient must be referred for a psychological examination; 6) the attending physician must inform the patient of feasible alternatives to the Act including comfort care, hospice care, and pain control; 7) the attending physician must request, but many not require, the patient to notify their next-of-kin of the prescription request” (Department of Human Services, 2006 a). According to Eighth Annual Report on Oregon’s Death with Dignity Act (the Report), there were only 24 prescriptions for PAS written in 1998 which was the second year. In next year, there were 33 prescriptions, 39 in 2000, 44 in 2001, 58 in 2002, 68 in 2003, 60 in 2004 and 64 in 2005. The number of prescriptions has been increasing year by year. 16 patients carried out PAS in 1998, 27 in each of 1999 and 2000, 21 in 2001 and around 40 in each from 2002-05 (Department of Human Services, 2006 b).
As mentioned above, there are many ideas and views about euthanasia in the world and most of them influenced by religion. However, there are many kinds of people: Christians, Jews, Muslims, Hindus, Buddhists, etc. and others are non-religious. All people should not be controlled by one thought. In other words, they should have the freedom to choose the way they live and die. If someone thinks he or she opposed to euthanasia, he/she does not have to practice it. However, there are many people who need the option of assisted suicide. For those who ask for euthanasia, it should be legally allowed. Oregon as model is a good one because the Death with Dignity Act respects the will and tight of both patients and physicians. The Act does not invade anyone’s right and the will. There should be laws like the Act in other countries and states.
References
Battin, M.P. (2005). Ending life: Ethics and the way we die. New York: Oxford University Press.
BBC. (2006 a). Against the will of God. In Religion & Ethics – Ethical Issues. Retrieved November 21, 2006, from http://www.bbc.co.uk/religion/ethics/euthanasia/against/against_2.shtml
BBC. (2006 b). Ethical problems of euthanasia. . In Religion & Ethics – Ethical Issues. Retrieved November 21, 2006, from http://www.bbc.co.uk/religion/ethics/euthanasia/overview/problems.shtml
Department of Human Services. (2006 a). FAQ about the death with dignity act. Retrieved October 25, 2006, from http://www.oregon.gov/DHS/ph/pas/fags.shtml
Department of Human Services Office of Disease Prevention and Epidemiology. (2006 b). Eighth annual report on Oregon’s death with dignity act. Retrieved November 17, 2006, from http://www.oregon.gov/DHS/ph/pas/docs/year8.pdf
Wasmuth, Carl.E. (2004). Encyclopedia americana (Vols. 10). Danbury, CT: Scholastic Library Publishing, Inc.
References
Battin, M.P. (2005). Ending life: Ethics and the way we die. New York: Oxford University Press.
BBC. (2006 a). Against the will of God. In Religion & Ethics – Ethical Issues. Retrieved November 21, 2006, from http://www.bbc.co.uk/religion/ethics/euthanasia/against/against_2.shtml
BBC. (2006 b). Ethical problems of euthanasia. . In Religion & Ethics – Ethical Issues. Retrieved November 21, 2006, from http://www.bbc.co.uk/religion/ethics/euthanasia/overview/problems.shtml
Department of Human Services. (2006 a). FAQ about the death with dignity act. Retrieved October 25, 2006, from http://www.oregon.gov/DHS/ph/pas/fags.shtml
Department of Human Services Office of Disease Prevention and Epidemiology. (2006 b). Eighth annual report on Oregon’s death with dignity act. Retrieved November 17, 2006, from http://www.oregon.gov/DHS/ph/pas/docs/year8.pdf
Wasmuth, Carl.E. (2004). Encyclopedia americana (Vols. 10). Danbury, CT: Scholastic Library Publishing, Inc.








