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Issues relating to life and death go to the heart of human experience and the value we place on our own existence and that of others, especially in those relationships we care about most. This is no doubt because we are mortal and we know we are all going to die at some point in time. Our mortality makes us fundamentally vulnerable. This book has considered ethics in the context of human vulnerability. We are vulnerable because we can be affected by things across the lifespan, and we can be affected by things because we are physical beings – part of the world around us and subject to the passage of time. Consequently, a life can come to an end at any time. For this reason, death is not only completely normal, but inevitable. Nevertheless, death is typically regarded as something regrettable. As philosopher Bernard Williams notes, our experience of being alive is essentially of having an open-ended and indeterminate future. From this perspective, death is ‘an abrupt cancellation of indefinitely extensive possible goods’ (Nagel 1979: 9–10).
Currently, active euthanasia is legalized in only 7 countries worldwide. These countries have encountered problems in its implementation. The study aims to summarize the practical clinical problems in the literature on active euthanasia.
Methods
A systematic literature review was conducted using 140 works consisting of 130 articles from PubMed and EthxWeb and data from 10 euthanasia laws.
Results
After reviewing the specific problems reported to be associated with euthanasia in each country, 5 problems were extracted: many ambiguous conditions with room for interpretation, insufficient assurance of voluntariness, response to requests for euthanasia due to psychological distress, conscientious objection, and noncompliance by medical professionals.
Significance of results
Multiple ambiguous conditions that are open to interpretation can result in a “slippery slope phenomenon.” An insufficient guarantee of voluntariness violates the principle of respect for autonomy, which is the underlying justification for euthanasia. In cases of euthanasia due to mental anguish, a distinction between a desire for death caused by psychological pain alone prompted by mental illness and a desire for death caused by mental symptoms prompted by physical illness is essential. Conscientious objection should remain an option because of the heavy burden placed on doctors who perform euthanasia. Noncompliance by medical professionals due to ignorance and conflicts regarding euthanasia is contrary to procedural justice.
On May 16 2002, the Belgian parliament approved the original law permitting euthanasia. The law was voted in after three years of debate in parliament and within the Federal Advisory Committee on Bioethics. The focus of this chapter is an issue which has been of particular interest in recent public debates internationally: the extension of the law in 2014 to permit minors with ‘capacity of discernment’ to have access to euthanasia. Although the law now theoretically applies to Belgians of all ages, in reality, euthanasia for minors will be limited to older adolescents. This chapter considers how the issue of children’s access to euthanasia came to be considered and the process of reform including the positions and arguments of different entities. Also considered is parliament’s rationale for this change in the law. Of particular significance in the reform process was the view that the age barrier for euthanasia was perceived as arbitrary. The prime qualifier for a valid, well-considered and competent request should not be chronological age but mental age and maturity.
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