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 ID	33514
Article Category	Article
Authors	Braun, Kerstin
Journal Title	Journal of Law and Medicine
Journal Citation	31 (3), pp. 601-614
Number of Pages	14
Year	2024
Publisher	Lawbook Co.
Place of Publication	Australia
ISSN	1320-159X
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.
Keywords	assisted dying; access restrictions; Germany; medical condition; autonomy; law reform
Contains Sensitive Content	Does not contain sensitive content
ANZSRC Field of Research 2020	480412. Medical and health law
	480406. Law reform
	480302. Comparative law
Public Notes	Files associated with this item cannot be displayed due to copyright restrictions.
Byline Affiliations	School of Law and Justice

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