Exploring the Ethical and Legal Dimensions of Euthanasia

BY- Ms. HARLEEN KAUR

ASSISTANT PROFESSOR

FACULTY OF LAW, KALINGA UNIVERSITY,

RAIPUR

MAIL ID: harleen.kaur@kalingauniversity.ac.in

INTRODUCTION

Ethical Considerations in Euthanasia

Euthanasia is still a matter of contention with ethical implications that must be carefully considered. They claim that people should be able to choose how they wish to live and die. According to Dr. Ezekiel Emanuel, the four main ethical principles of medicine – autonomy, beneficence, nonmaleficence, and justice.

Even though euthanasia is allowed in certain locations, it is still uncommon. For example, according to research published in the New England Journal of Medicine, just 0.2% of fatalities in Oregon, where physician-assisted suicide is permitted, were due to assisted suicide in 2018. On the other hand, in the Netherlands, where euthanasia has been legal since 2002, euthanasia was responsible for 4.4% of deaths in 2020.

Finally, the ethical issues concerning euthanasia are complex and varied. There are reasons for and against it, with both sides making legitimate points. While euthanasia is permitted in a few countries, it is still outlawed in most of the world.

Principles of Autonomy, Beneficence, Non-Maleficence, and Justice

The concepts of autonomy, beneficence, nonmaleficence, and justice are frequently regarded as the four main ethical principles in medical ethics. These principles aid healthcare practitioners in making decisions that are best for their patients while respecting their rights and dignity.

Principle of Autonomy

The autonomy principle is a fundamental ethical principle in healthcare that emphasizes respecting individuals’ freedom to choose their own healthcare and personal life decisions. The term “autonomy” comes from the Greek words “autos,” which means “self,” and “nomos,” which means “rule or law.”

According to the American Medical Association, “the principle of respect for patient autonomy acknowledges the right of the patient to make decisions regarding his or her own life, including the right to refuse treatment or choose among treatment options.”

However, there are several disadvantages to using advance directives. First, many patients need to be made aware of the ability to write an advance directive or need help with how to do so. Furthermore, patients’ tastes vary, and advance directives may not match their current wants.

Principle of Beneficence

The concept of beneficence is a fundamental ethical principle in healthcare that emphasizes the significance of acting in ways that benefit patients’ well-being.

The beneficence concept sometimes contrasts with the autonomy principle, which emphasizes respecting individuals’ freedom to make healthcare and personal life decisions. For example, beneficence may be used in euthanasia when a patient suffers from a terminal disease or a condition that causes severe pain and discomfort.

On the other hand, the principle of beneficence must be evaluated against other ethical concerns, such as the sanctity of life and the obligation to protect life. Many opponents of euthanasia say that terminating a patient’s life purposefully breaches the ideal of beneficence since it fundamentally damages the patient.

Finally, the choice to utilize euthanasia as a therapeutic option must be taken with the utmost care and deliberation, considering all relevant ethical, legal, and medical factors and in collaboration with the patient, their family, and other healthcare experts.

Principle of Non-Maleficence

The concept of nonmaleficence, sometimes known as the “no harm” principle, is a fundamental ethical principle in healthcare. It emphasizes avoiding activities that might cause unwanted or unjustified patient damage.

Euthanasia is deliberately terminating a patient’s life to alleviate their suffering. Euthanasia is classified into two types: active and passive. The purposeful injection of a fatal drug or the execution of an action that results in the patient’s death constitutes active euthanasia.

Both kinds of euthanasia involve ethical concerns in the setting of non-maleficence. However, active euthanasia is considered a breach of the nonmaleficence principle since it entails the purposeful infliction of damage on the patient.

Nonmal eficence is a fundamental ethical premise to consider in any euthanasia argument. While euthanasia may be perceived as a way to shield patients from harm, it must be weighed against other ethical considerations, such as the need not to harm and the sanctity of life.

Conclusion

 Summary

The ethical considerations in euthanasia are discussed in detail, including the principles of autonomy, beneficence, non-maleficence, and justice, and perspectives from Kantian and Utilitarian approaches. The legal frameworks and regulations surrounding euthanasia, including recent developments and a comparative analysis of legal frameworks in different countries, are also explored. Finally, stakeholders involved in end-of-life decision-making, such as healthcare professionals, families, and vulnerable populations like minors and individuals with mental disabilities, are also discussed.