In Support of a Decisional Paradigm for Assisted Dying

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Serval ID
serval:BIB_99E827B7588E
Type
Article: article from journal or magazin.
Collection
Publications
Title
In Support of a Decisional Paradigm for Assisted Dying
Journal
Criminal Law Journal
Author(s)
Caruso David, Biedermann Alex, Vuille Joëlle, Gilby Danielle
ISSN
0314-1160
Publication state
Published
Issued date
22/10/2019
Peer-reviewed
Oui
Volume
43
Number
4
Pages
254-273
Language
english
Notes
Swiss National Science Foundation: grants No. BSSGI0-155809 (AB) and PP00P1_176720 (JV).
Abstract
In May 2018, a centenarian travelled from Australia to Switzerland to end his life. He was not suffering from a terminal or incurable illness. The deceased travelled to Switzerland because that country permits self-determination of death, unconditional on it being consequential to palliative treatment for a terminal illness. Australia, like the United Kingdom and most developed nations, does not permit euthanasia and assisted suicide is criminal. This article examines the discretionary issues around criminal culpability for the journey of the deceased from Australia to Switzerland for the known purpose of suicide. We argue the allocation of prosecutorial discretion in cases of assisted suicide is contrary to public interest. We consider the decisional framework that informed the centenarian’s decision. We explain why a decisional paradigm, rather than medical, moral or other structures, should inform law and policy regarding assisted dying and give developed nations, such as Australia, cause for reform.
Keywords
Assisted Dying, Decision
Funding(s)
Swiss National Science Foundation / BSSGI0_155809
Create date
18/10/2019 12:44
Last modification date
08/11/2019 10:15
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