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7 - The Legal Status of Suicide

Published online by Cambridge University Press:  15 February 2024

Brian L. Mishara
Affiliation:
Université du Québec à Montréal
David N. Weisstub
Affiliation:
International Academy of Law and Mental Health
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Summary

In 17 countries suicide is currently illegal, and an additional 20 countries follow Islamic or Sharia law where suicide attempters may be punished with jail sentences. The majority of countries have laws making it illegal to abet, aid or encourage suicide, but the nature and punishment of the illegal actions varies. Laws in places with civil, common law, Islamic law and traditional law systems are compared. Great variances in application were noted, sometimes within countries. It is impossible to estimate the number of persons currently in jail for attempted suicide, but jail sentences are still given. Some countries do not prosecute suicide attempters despite the laws, while others consistently jail suicide attempters. In countries where suicide attempts have been decriminalised, attempters may still face prosecution when another person is injured or dies as a result of their suicide attempt, or when the attempter is a member of the military. We discuss the roots of laws making suicide, aiding and encouraging suicide illegal and examine prospects for future changes. The recent Supreme Court Decision in Canada, invalidating the law making it illegal to assist in the suicide of physically ill people who are suffering (albeit with restrictive conditions) illustrates current trends towards “liberalisation” of assisted suicide.

Type
Chapter
Information
Practical Ethics in Suicide
Research, Policy and Clinical Decision-Making
, pp. 118 - 130
Publisher: Cambridge University Press
Print publication year: 2024

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