Euthanasia: A Comparison of Legal Status in UK and Luxembourg

This article compares the legal status of euthanasia in UK and Luxembourg, including the pros and cons of assisted suicide. It explores the societal morals, ethics, and values surrounding euthanasia, and discusses the need for transparency and accountability in its implementation. The article concludes that while euthanasia should be legal, it should be regulated to prevent wrongful acts and maintain ethical standards.

Running head: EUTHANASIA
Euthanasia

EUTHANASIA 1
INTRODUCTION
Euthanasia in general defined as allowing a person to die for his own well-being. Euthanasia
means “pleasant death”. In UK, there are two things, which have discussed from years
“Active euthanasia” and “Passive euthanasia”. In UK, there is no special position or
recognition of euthanasia whereas in Luxembourg assisted suicide, euthanasia is legal where
the person is suffering from very unbearable and painful illness.
In this writing, the discussion will relate to euthanasia and its legality status in UK and
Luxembourg. All the pros and cons related to euthanasia and related concepts like assisted
suicide in detailed form. The contradicting policies what makes them different and with a
conclusion at the end.

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COMPARISON BETWEEN UK AND LUXEMBOURG
LUXEMBOURG
In 2009, Luxembourg successfully became the third country after Belgium and Netherlands
to legalize the concept of euthanasia and assisted suicide. To make the concept legal it was a
very tough debate to do as because the Christians were highly against the concept of
euthanasia, following various vigorous discussions. Being a major Catholic country, the
medicine practitioners were highly disappointed and against the whole concept. Moreover,
were not supportive regarding this legislation. During that, the time the head of state- Grand
duke Henri completely denied and did not have consent over signing the bill on legalizing
euthanasia by saying that it is against the constitution. The parliament of Luxembourg with
full consent voted for this law to be enforced1. However, there are still in many cases where
euthanasia is not allowed and therefore it cannot be said that euthanasia is fully applied in
Luxembourg2.
UNITED KINGDOM
In the UK the concept of killing one own, self is illegal. If anyone happens to do that even
attempts to do that then the person will be liable to face all the criminal charges in their
names and as a result, penalized as murder or manslaughter in the UK; hence, the maximum
punishment for this is life imprisonment. The Christians has a philosophy that no one can
take decisions taken by god. If God is doing something then one should follow that regardless
of the pain or suffering made3. In R v Cox4 case, Mr. Cox had been charged for the murder of
his client who is going through a terminal illness. Many people for showing humane act had
praised Mr. Cox. However, the criminal law sees as different and he had been held liable for
the murder5.
1 Guardian Staff, Euthanasia and assisted suicide laws around the world (The Guardian, 2018) <
https://www.theguardian.com/society/2014/jul/17/euthanasia-assisted-suicide-laws-world>
2 The Guardian, My Death is not my own: the limit of legal euthanasia (The Guardian, 2018)
<https://www.theguardian.com/news/2018/aug/10/my-death-is-not-my-own-the-limits-of-legal-
euthanasia>accessed 30 October 2018
3 Owen Bowcott, Terminally ill UK man launches legal challenge for right to die (The Guardian, 2018)
<https://www.theguardian.com/society/2017/jan/06/terminally-ill-uk-man-launches-legal-challenge-for-right-to-
die> accessed 30 October 2018
4 (1992) 12 BMLR 38
5 MD Health, “Positive Side of Physician Assisted suicide” (MD Health),
<http://www.md-health.com/Physician-Assisted-Suicide-Pros.html> accessed 30 October 2018

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Although there countries in Europe which have legalized the same, whereas, in the UK
committing suicide is not less than committing a sin altogether. However, in recent years
there has been an increase in a number of suits filed regarding this as this considered as
putting restrictions against the right to life and liberty of an individual6. In R (on the
application of Purdy) v DPP7 case, Purdy who was suffering from multiple sclerosis and it
has no cure. She wants assistance to do suicide of her husband and therefore she has filed a
plea in the court.
COMARISION ON MAIN INFLUENCES BETWEEN UK AND LUXEMBOURG:
UNITED KINGDOM
The main reasons for influencing euthanasia:-
 In today’s scenario, it is one such topic, which is genuinely in need by the persons
who are suffering badly. Hence, it is been asked by the required patients. Opponents
argued this by saying that sometimes it has been misused.
 The loved ones of the person or the family too cannot watch their loved one in the
situation and therefore demands euthanasia. However sometimes seems it liability and
not sees as for their loved ones. Many have opposed it as it is against the societal
values, god has given life and it cannot be end by our choice.
 Right to live life with personal liberty is fundament right and thus it is very natural to
take the decision in regards to person own life and well- being.
 Possible to regulate euthanasia as it is a private matter and not related to others, hence
no one has the right to interfere in the same.
 Euthanasia in any scenario will happen either directly or indirectly.
 People have all the freedom to try to make their suffering as less as possible, hence
can make it less miserable for them and their family too8
LUXEMBORG
Consequently, euthanasia became legal in Luxembourg and if a person wants to die then he
has the authority to do the same in the supervision of two doctors and an expert panel. In
addition, doctors who carry out euthanasia and assisted suicide would not penalize for the
6 De lima, liliana, et al. '"International Association for Hospice and Palliative Care position statement:
euthanasia and physician-assisted suicide" ' [2017] 20(1) Journal of palliative medicine 8-14
7 (2009) UKHL 45
8 Rita Marker, '“Patients suffering at end of life” (Pro & Con, 2018)
<https://euthenasia.procon.org/view.resource.php?resourceID=000126 > accessed 30 October 2018

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same offence. No civil, as well as criminal charges will be there. Although there are some
disadvantages too but when it comes to lessen the peoples pain then few disadvantages can be
adjusted too9.
COMPARISION ON SOCIETY’S MORALS, ETHICS AND VALUES BETWEEN UK
AND LUXEMBORG:
UK
When it comes to society, it has both the point of view just as a coin has both the sides and it
is not certain that every time heads will come or vice versa. Thus, First in the UK there is no
provision of legalizing the concept of euthanasia or any related theory. The government does
not allow taking your own life as because this will have a direct impact on their personal
fundamental laws which needs protection at any cost that is right to life. The country suggests
that it is against the policies, moreover, god has its own plans and no creature whether man or
animal allowed to break it. If God has given the gift of life, then no one else is above god and
hence, no one has the authority to break that law or rule10.
LUXEMBORG
Whereas in Luxembourg euthanasia is legal along with this assisted suicide is also legal. The
government in 2009 legalized this concept and said that every individual has its own life and
personal liberty. When he has right of everything in life then why to take away the right to
kill own self and that too only when- when the person is suffering from such illness in which
the pain has become intolerable and it is not curable. Hence, in those
conditions/circumstances, the person can easily take the decision for his own health. Society
as a whole can in fact make sure that the workings are proper or not. Moreover, can ask the
doctor to do his duty properly and not to commit unnecessary deaths when it can be cured,
else the person has to be bear the consequences.
9 Margaret Brazier. “Euthenasia and the Law” (Watermak Silverchair, 2018)
https://watermark.silverchair.com/52-2-317.pdf? accessed 30 October 2018
10 Radbruch Lukas, '"Euthanasia And Physician-Assisted Suicide: A White Paper From The European
Association For Palliative Care"' (2016) 30 (2) Journal of palliative medicine.

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CONCLUSION
Through this writing, the conclusion is that euthanasia can be legal if the government and the
hospital officials work in a proper manner. The concept is favorable as it is genuinely
reducing the pain that one cannot even bear. Imagining that one is asking to die, the level of
pain he was suffering from.
The revolution started in many countries around the globe and Luxembourg came out as a
brilliant example of unity as a nation that forced the government to legalize such legislation.
Thus, it is possible to regulate the laws regarding this and it can be successful too without any
false happening11.
11 Andriy Danyliv, 'Attitudes towards legalising physician provided euthanasia in Britain'[2015] 128 Social
Science & Medicine 52-56

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REFLECTION
Regardless of all the opinion of different people and governments, my personal choice would
be to legalize the concept of euthanasia. As this would resolve so many problems of the
people suffering badly which is unbearable. In my personal view, god has given us all the
right to live our lives with dignity and pride and if we want to end it with dignity in the way,
we wanted then why not! There is no harm in asking for something, which is already is ours
and needs no permission for the same. Every individual has its own opinion and thoughts to
live his/her life on their own terms then how can one expect to die with permission. When did
it become so important to ask for the most important decision of life to others?
In my opinion the concept is very useful and helpful for not only the person who is suffering
but for his/her family, friends and acquaintances. To see our family, friends in pain make us
ourselves more pathetic then to the suffering that a person goes through. All he/she wants is
to die peacefully and avoid every situation that is very dreadful and painful for him and the
people around him/her. Making euthanasia legal in every nation will make physicians and
experts more lenient towards their patients and sometimes less attentive to their health. In
fact, there is a notion that if it becomes legal then in that case if a person can easily recover
slowly/gradually and still doctor does euthanasia, in that scenario, it assumed that he/she died
due to carelessness of physician. Moreover, this creates a huge chaos between the medical
fraternity and trust of people on the legislation.
In my opinion, euthanasia should have some basic and fixed ground rules on which it shall do
to the patients. Therefore, there shall be transparency and accountability maintained. Also,
there shall be some strict laws and provisions provided with the wrongful acts to be punished,
in order to maintain the criminal acts. The doctor and the complete medical fraternity have a
duty to perform in such a manner that no life should be gone unnecessary. There is a saying
that no innocent life should be gone ever through any of the means and profession by any
professional. A person’s life is very precious to many lives attached to him/her. Therefore, in
my perception this is a very critical topic to have discussion on and needs more attention
from the government’s side. Moreover, it should be legal but in a certain way that is up to a
fix level or a bar should be fix that if a person has declared that no time has left to him in any
manner by a panel of expertise. In the manner a standard will maintained, no mishap will

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occur, and hence, no loss will be there on the families and the deceased himself or herself. In
addition, it will encourage the doctors to work in an ethical and legal manner that is
necessary.

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Bibliography
Andriy Danyliv, 'Attitudes towards legalising physician provided euthanasia in
Britain'[2015] 128 Social Science & Medicine 52-56
De lima, liliana, et al. '"International Association for Hospice and Palliative Care position
statement: euthanasia and physician-assisted suicide" ' [2017] 20(1) Journal of palliative
medicine 8-14
Guardian Staff, Euthanasia and assisted suicide laws around the world (The Guardian, 2018)
< https://www.theguardian.com/society/2014/jul/17/euthanasia-assisted-suicide-laws-world>
Margaret Brazier, “Euthenasia and the Law” (Watermak Silverchair, 2018)
<https://watermark.silverchair.com/52-2-317.pdf?> accessed 30 October 2018
MD Health, “Positive Side of Physician Assisted suicide” (MD Health), <http://www.md-
health.com/Physician-Assisted-Suicide-Pros.html> accessed 30 October 2018
Owen Bowcott, Terminally ill UK man launches legal challenge for right to die (The
Guardian, 2018) <https://www.theguardian.com/society/2017/jan/06/terminally-ill-uk-man-
launches-legal-challenge-for-right-to-die> accessed 30 October 2018
R (on the application of Purdy) v DPP(2009) UKHL 45
R v Cox (1992) 12 BMLR 38
Radbruch Lukas, '"Euthanasia and physician-assisted suicide: a white paper from the
European Association for Palliative Care" ' [2016] 30(2) Journal of palliative medicine 104-
116.
Rita Marker, '“Patients suffering at end of life” ' (Pro & Con, 2018)
<https://euthenasia.procon.org/view.resource.php?resourceID=000126 > accessed 30 October
2018
The Guardian, My Death is not my own: the limit of legal euthanasia (The Guardian, 2018)
<https://www.theguardian.com/news/2018/aug/10/my-death-is-not-my-own-the-limits-of-
legal-euthanasia>accessed 30 October 2018