Should Assisted Dying Be Legalised in the UK? A Critical Analysis

SHOULD ASSISTED DYING BE
LEGALISED IN UK
Introduction
When a person has no hope of living his life or getting healed and the
ultimate treatment of his condition is death there arises a question
whether assisted dying or physician-assisted suicide is a resort to skip the
torture and pain and sufferings which will ultimately lead to death. Over
the years of modernization and changes in human lifestyle the current
population experienced variety of debilitating diseases like cancer and
chronic heart diseases which require years of repeated treatment and
sufferings to enhance the lifespan but the ultimate cure of these diseases
is nothing but the end of life. In such conditions, some people get carried
off the thought that end of life will be a bypass from the sufferings or
treatment and hospitalizations and symptoms of the disease.
1

Whether the assisted dying should be legalized or not when the disease is
in its extensive and terminal stages and it makes it unbearable and
incurable for the patient (Quill and Battin, 2004.) Some religion does not
allow suicide as they look down suicide to be against God’s will. In
Christianity suicide is the coward step to go against God’s will and order, it
believes that a person should accept what nature has provided may it be
in form of sufferings or disease and should let the life taken back by
superior power (Beauchamp and Walters, 1982.) If we take into
consideration the aspect of sufferer the assisted dying is the last resort to
have a calm death and it is every individual’s right to think what best is
for own self. The debate on this issue follows some critical evaluation
describing it as cruelty to prolong the life of an individual who cannot be
supported by medicinal intervention and is left to suffer. This aspect
introduces a new angle to the assisted dying phenomenon as it seems
logical enough to allow a patient with the terminal illness to choose this
resort to avoid any dependency on others and die with liberty and dignity
(Quill and Brock, 2008.) On other hands, the religious system forms a
taboo against this denoting it as a suicide attempt and filthy action to run
away from God's will.
Many jurisdictions have now allowed assisted dying and passed
regulations to the conditions and criteria where assisted dying can be
practised lawfully. Oregon, 1997 and Netherlands, 2001 are the first ones
to notably legalize assisted dying system (Battin et al, 2007). In the United
Kingdom, this issue has been under parliament debate and discussion
2

forum since years and is surveyed repeatedly to get to a common
conclusion to pass the bill for physician-assisted suicide system. Lord
Falconer in 2013 first introduced the bill for assisted dying into UK
parliament. The assisted dying is restricted by religion but studies show
that modern democratic population support assisted dying phenomenon
(Finlay, Wheatley and Izdebski, 2005.) Some people have an opinion
about the role of the physician as in ancient literature it is denoted that
the role of the physician is to heal and help rather than harm but the
assisted dying system introduces a thought that death cannot always be
harmful. In cases where the death is helpful and way of getting away from
harm assisted dying is a help from a physician and not harm. Various
barriers are projected while introducing assisted dying into the system by
government. Basic controversy for this issue will be the acceptance by
people and restriction by them which would follow negative impact on the
community (Furrow, 1987). Misuse of this aid by vulnerable population
groups such as poor is also a concern while administrating assisted dying
into the system. To recognise that the person willing or asking for assisted
dying is competent legally for this system or not is another challenge for
the healthcare. According to the law known as "Doctrine of Double
Effects," it is essential for a doctor to do what so ever is required to ease
the physical pain and symptoms of the disease and to reduce the
sufferings to the patient they treat. As per to follow this rule assisted
dying does not feel as a wrong phenomenon rather it seems to be an
appropriate entity for helping and providing ease to patients who cannot
be helped by any of the medicinal interventions (McIntyre, 2004). Rather
than failings the hopes of treating such diseases the death and assisted
dying should be a legal and proper resort for chronic pain relief for the
patient. Assisted dying not only helps in relief of chronic pain and
symptoms of the disease but it also helps in mental satisfaction and
allows the patient to be independent. In such diseases, the terminal life is
dependent on another people with lack of mobility and this can cause loss
of patient's dignity and self-respect (Van der et al, 2003). Various
developments in healthcare and technical support given try to enhance
3

the quality of life for such individuals but will remain unsatisfactory no
matter what efforts are put. Whereas autonomy is every individual's right
which is described as over one's self for own body and mind. This thought
for autonomy for every individual in democracy has shifted the healthcare
view towards patient centred approach where the patient is supreme
judge of healthcare and all the requirements of a patient are aided by
healthcare in every possible manner. This promotes a patient-oriented
care system which helps in better treatment and recovery. If we consider
autonomy as one of important human right and a person is allowed to
choose whatever he thinks suits his life and body yet the assisted dying is
not a legal forum which can allow the patient in his terminal stages to
avoid unnecessarily extended sufferings for days or months.
It is essential for the government and people to understand the
importance of this physician-assisted dying from the point of view of the
person suffering and not from the view of an outsider. By law and Human
rights Act, every individual has complete right to attain and approach his
dignity even in health and social care. Assisted dying is one of the issues
which will enhance the patient’s dignity and assess the maximum result to
maintain an individual’s rights (Attaran, 2015. ) Some sector of the HRA
can be overly introduced and utilized, to avoid this government has given
exceptions for the prohibition of the use of harmful drugs and selling of
own organs for money and assisted dying can lie within this category to
avoid the misuse of autonomy vs uncontrolled liberty. Improper
knowledge and information can cause irrational choices for assisted dying
and to avoid this section are not legalized at a healthcare level yet. The
healthcare system is not formed in a manner that supports death it can
only think in a direction to enhance the life and provide lifespan so the
doctors and healthcare professionals are not competent enough to
provide a clear view and information to the patient about death as no one
has ever experienced it, this makes it difficult to be a rational choice for
the patient. If government legalize assisted dying it may affect some
vulnerable group that can overburden them below the load of social,
economic and financial aspects of their family and friends in their life. The
4