Euthanasia and Criminal Law: A Debate on the Right to Die
Added on 2023-06-08
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Running head: CRIMINAL LAW
CRIMINAL LAW
Name of the student
Name of the university
Author note
CRIMINAL LAW
Name of the student
Name of the university
Author note
1CRIMINAL LAW
Table of Contents
Introduction:...............................................................................................................................2
Description:................................................................................................................................2
Debate:...................................................................................................................................3
Conclusion:................................................................................................................................7
Reference:..................................................................................................................................9
Table of Contents
Introduction:...............................................................................................................................2
Description:................................................................................................................................2
Debate:...................................................................................................................................3
Conclusion:................................................................................................................................7
Reference:..................................................................................................................................9
2CRIMINAL LAW
Introduction:
The main topic of this case is to deal with the right to euthanasia process. In the
content of New South Wales (NSW), the Crimes Act 1900 governs the criminal activities.
According to the application of the Act, it will be applicable to the whole territory of NSW
and it covers every kind of offenses. However, there are certain rules in Australia that oppose
certain human rights policies. In Australia, if anyone assists a person to commit suicide, it is
regarded as crime. However, there are certain provisions applicable in the world, where right
to death has been regarded as a fundamental right just like right to life. In NSW, section 31C
of the Crimes Act 1900 has made the acts to help to commit suicide void and illegal in nature.
In the lights of the modern human rights approach, such application should be ceased and
therefore, certain voices have been raised to amend the criminal law by repeal section 31C of
the Act. In this report, certain arguments have been made on this matter.
Description:
The main subject matter of the topic is based on the application and validity of section
31C of the Crimes Act 1900 (NSW). According to this section, if a person helps other person
to commit suicide or assist him to attempt for that, he will be litigated and penalised for the
offence he has made. Further, the term of imprisonment is for 10 years. Considering this
version, it can be stated that in Australia, passive euthanasia is a crime. According to Regan
et al. (2018), there are certain arguments for the validation of the euthanasia, which is the
most debated topic in the modern world1.
Euthanasia means a right to end the life of a person. According to the constitution,
there are certain fundamental rights that an individual deserves like right to life, freedom and
1 Regan, Laurence, et al. "The views of adults with Huntington’s disease on assisted dying: a qualitative
exploration." Palliative medicine 32.4 (2018): 708-715.
Introduction:
The main topic of this case is to deal with the right to euthanasia process. In the
content of New South Wales (NSW), the Crimes Act 1900 governs the criminal activities.
According to the application of the Act, it will be applicable to the whole territory of NSW
and it covers every kind of offenses. However, there are certain rules in Australia that oppose
certain human rights policies. In Australia, if anyone assists a person to commit suicide, it is
regarded as crime. However, there are certain provisions applicable in the world, where right
to death has been regarded as a fundamental right just like right to life. In NSW, section 31C
of the Crimes Act 1900 has made the acts to help to commit suicide void and illegal in nature.
In the lights of the modern human rights approach, such application should be ceased and
therefore, certain voices have been raised to amend the criminal law by repeal section 31C of
the Act. In this report, certain arguments have been made on this matter.
Description:
The main subject matter of the topic is based on the application and validity of section
31C of the Crimes Act 1900 (NSW). According to this section, if a person helps other person
to commit suicide or assist him to attempt for that, he will be litigated and penalised for the
offence he has made. Further, the term of imprisonment is for 10 years. Considering this
version, it can be stated that in Australia, passive euthanasia is a crime. According to Regan
et al. (2018), there are certain arguments for the validation of the euthanasia, which is the
most debated topic in the modern world1.
Euthanasia means a right to end the life of a person. According to the constitution,
there are certain fundamental rights that an individual deserves like right to life, freedom and
1 Regan, Laurence, et al. "The views of adults with Huntington’s disease on assisted dying: a qualitative
exploration." Palliative medicine 32.4 (2018): 708-715.
3CRIMINAL LAW
others. Therefore, certain voices have been raised with the facts that states an individual
should get the right to end his life too. Euthanasia gives this right to the individual. It is a
complex issue, as it covers ethical, medical, legal and religious dimensions. A person who is
suffering from a prolonged disease or who has certain incurable disease can claim the right to
euthanasia. In this case, the justice system should be careful and should apply all the legal
principles justifiably and according to Pormeister et al. (2017), proper adjudication of legal
propaganda should be maintained in such cases2. In the concurrence of social and legal
development, euthanasia has become one of the most debated topics, where some support it
and the rest oppose it. According to certain philosophers, every individual should have
certain rights on his life. If right to life is a fundamental right, then right to death should be
categorised as fundamental to get certain relieve from physical and mental agony. On the
other hand, according to Stain (2015), euthanasia provokes a person to commit suicide, which
is a crime and if certain other person instigate him to commit suicide is a serious offence and
that can be compared to grave offence like murder or manslaughter3.
Debate:
The term euthanasia derives its origin from Greek that means good death. According
to the Greece doctrine, committing suicide is better to suffer from physical and mental
strains. However, Aristotle did not support this doctrine and according to him, suicide can be
termed as a direct insult to the state. Further, another eminent philosopher, Socrates had
denied the positive application of euthanasia or assisted death. However, with the
development of the societal changes, many countries have accepted the legal and doctrinal
approaches of euthanasia4. Countries like Canada, Rome validate the euthanasia and the
2 Pormeister, K., M. Finley, and J. J. Rohack. "Physician Assisted Suicide as a Means of Mercy: A Comparative
Analysis of the Possible Legal Implications in Europe and the United States." Va. J. Soc. Pol'y & L. 24 (2017)
3 Stein, Rebecca F. "Philosophical Foundations of Physician-Assisted Death and Euthanasia Legislation in
Oregon and the Netherlands: A Comparative Analysis." (2015).
4 Robertson, James. "Euthanasia survey hints at support from doctors, nurses and division." (2017).
others. Therefore, certain voices have been raised with the facts that states an individual
should get the right to end his life too. Euthanasia gives this right to the individual. It is a
complex issue, as it covers ethical, medical, legal and religious dimensions. A person who is
suffering from a prolonged disease or who has certain incurable disease can claim the right to
euthanasia. In this case, the justice system should be careful and should apply all the legal
principles justifiably and according to Pormeister et al. (2017), proper adjudication of legal
propaganda should be maintained in such cases2. In the concurrence of social and legal
development, euthanasia has become one of the most debated topics, where some support it
and the rest oppose it. According to certain philosophers, every individual should have
certain rights on his life. If right to life is a fundamental right, then right to death should be
categorised as fundamental to get certain relieve from physical and mental agony. On the
other hand, according to Stain (2015), euthanasia provokes a person to commit suicide, which
is a crime and if certain other person instigate him to commit suicide is a serious offence and
that can be compared to grave offence like murder or manslaughter3.
Debate:
The term euthanasia derives its origin from Greek that means good death. According
to the Greece doctrine, committing suicide is better to suffer from physical and mental
strains. However, Aristotle did not support this doctrine and according to him, suicide can be
termed as a direct insult to the state. Further, another eminent philosopher, Socrates had
denied the positive application of euthanasia or assisted death. However, with the
development of the societal changes, many countries have accepted the legal and doctrinal
approaches of euthanasia4. Countries like Canada, Rome validate the euthanasia and the
2 Pormeister, K., M. Finley, and J. J. Rohack. "Physician Assisted Suicide as a Means of Mercy: A Comparative
Analysis of the Possible Legal Implications in Europe and the United States." Va. J. Soc. Pol'y & L. 24 (2017)
3 Stein, Rebecca F. "Philosophical Foundations of Physician-Assisted Death and Euthanasia Legislation in
Oregon and the Netherlands: A Comparative Analysis." (2015).
4 Robertson, James. "Euthanasia survey hints at support from doctors, nurses and division." (2017).
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