Is the Time Right to Enact Autonomy-Only Assisted Dying Laws?

Article


Braun, Kerstin. 2024. "Is the Time Right to Enact Autonomy-Only Assisted Dying Laws?" Journal of Law and Medicine. 31 (3), pp. 601-614.
Article Title

Is the Time Right to Enact Autonomy-Only Assisted Dying Laws?

ERA Journal ID33514
Article CategoryArticle
AuthorsBraun, Kerstin
Journal TitleJournal of Law and Medicine
Journal Citation31 (3), pp. 601-614
Number of Pages14
Year2024
PublisherLawbook Co.
Place of PublicationAustralia
ISSN1320-159X
Abstract

An increasing number of jurisdictions worldwide have enacted assisted dying laws allowing persons to end their lives with assistance. All existing frameworks have in common that they restrict access to persons who (1) act autonomously and (2) suffer from certain illnesses. The second restriction has been criticised on the basis that it makes judgments about which lives are worth living by only allowing persons with specific medical conditions, but not others, to die with assistance. To avoid such judgments, some scholars endorse an autonomy-only view which requires autonomy as the only necessary condition for assisted dying. After considering the criticism the second access restriction has attracted, this article analyses the complexities of enacting autonomy-only assisted dying laws using Germany as a case study. It concludes that the challenges this approach faces in practice will likely prevent autonomy-focused assisted dying frameworks from becoming law in the near future.

Keywordsassisted dying; access restrictions; Germany; medical condition; autonomy; law reform
Contains Sensitive ContentDoes not contain sensitive content
ANZSRC Field of Research 2020480412. Medical and health law
480406. Law reform
480302. Comparative law
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Byline AffiliationsSchool of Law and Justice
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https://research.usq.edu.au/item/zq659/is-the-time-right-to-enact-autonomy-only-assisted-dying-laws

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