A look at right-to-die laws around the world | iNFOnews | Thompson-Okanagan's News Source
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A look at right-to-die laws around the world

Original Publication Date February 06, 2015 - 1:35 AM

After a historic Supreme Court of Canada decision Friday that struck down the ban on providing a doctor-assisted death, Parliament has a year to draft legislation that recognizes the right of clearly consenting adults who are enduring intolerable suffering — physical or mental — to seek medical help ending their lives. Here is a look at some right-to-die laws that are already in place in other jurisdictions:

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QUEBEC: A right-to-die bill was adopted in Quebec last year, the first legislation of its kind in Canada. The law, scheduled to go into effect in December, stipulates that patients would have to repeatedly ask a doctor to end their lives on the basis of unbearable physical or psychological suffering. They would have to be deemed mentally sound at the time of the requests. Quebec's health minister, Gaetan Barrette, applauded the Supreme Court of Canada's decision Friday to strike down the ban on providing doctor-assisted death and called it a vindication for Quebec politicians. Quebec has said its law is an extension of end-of-life care, making it a health-care issue which falls under provincial jurisdiction.

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OREGON: The results of a referendum made Oregon the first U.S. state to make it legal for a doctor to prescribe a life-ending drug to a terminally ill patient of sound mind who makes the request. However, doctors cannot administer the life-ending drugs and the patient must swallow them without help. Patients must state three times — once in writing — that they wish to die, and those statements must be made at least 15 days apart. They must also obtain a concurring opinion from a second doctor that they have less than six months to live and are of sound mind. The law took effect in late 1997, and through June, 2014, just over 800 people had used the law.

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NEW MEXICO: In January 2014, a judge ruled that competent, terminally ill patients have the right to seek their doctors' help in getting prescription medication if they want to end their lives on their own terms. The state's attorney general is appealing the ruling, and a decision on whether it will be upheld is expected later this year.

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VERMONT: The state became the first in the U.S. to allow a person's right to die through legislation rather than through a court decision or a referendum result. Vermont's law, which took effect in May 2013, is closely modelled on the system in Oregon and uses the same safeguards. Patients must state three times, including once in writing — that they wish to die. They must also obtain a concurring opinion from a second doctor that they have less than six months to live and are of sound mind.

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WASHINGTON: A referendum saw the state enact right to die legislation in 2008. As in Oregon, patients with less than six months to live must administer the doctor-prescribed lethal medication on their own. According to a government report, 549 people applied for the right to die between 2009 and 2013. Of those, 525 actually took their own lives.

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MONTANA: In 2009, the state's Supreme Court ruled that Montana's public policy supports mentally competent, terminally ill patients being able to choose aid in dying. Physicians are allowed to prescribe medication that patients must administer themselves. More detailed legislative bills have been introduced in the state but have not passed. The court ruling still stands today, but data about its usage is not available.

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SWITZERLAND: A law passed in 1942 forbade anyone from helping someone kill themselves for selfish reasons. As a result, people arguing that they are assisting with a suicide for unselfish motives are not considered to be committing a crime. Suicides can be assisted by people other than doctors and no medical condition needs to be established. Switzerland is the only country that allows foreigners to travel there for the purpose of ending their own lives.

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NETHERLANDS: In the Netherlands, euthanasia is legal under specific circumstances and for children over the age of 12 with parental consent. In Europe, patients don't have to prove that they have a terminal illness — establishing unbearable suffering is usually sufficient. Dutch doctors are allowed to perform euthanasia if a patient whose unbearable suffering has no hope of improvement asks to die with a full understanding of the situation. A second doctor must agree with the decision to help the patient die.

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BELGIUM: The country legalized euthanasia for adults in 2002. In the last decade, the number of reported cases per year has risen from 235 deaths in 2003 to 1,432 in 2012, the last year for which statistics are available. Doctors typically give patients a powerful sedative before injecting another drug to stop their heart. In 2014, the age limit of 18 was lifted, and terminally ill children who have parental and physician consent are now eligible.

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LUXEMBOURG: Luxembourg's right to die legislation is modelled on the system at work in the Netherlands with similar guidelines and restrictions.

— With files from the Associated Press

News from © The Canadian Press, 2015
The Canadian Press

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