Contemporary Australian Legal Issue: Euthanasia - A Critical Review

This report provides an overview of euthanasia as a legal issue, focusing on its definition, legislation, and ethical considerations, particularly within the Australian context. It explores the Queensland and broader Australian jurisdictions, contrasting them with worldwide practices. The report presents arguments for and against the changing perceptions and laws surrounding euthanasia, highlighting the potential for organ donation and painless death versus moral compromises and the devaluation of human life. The conclusion acknowledges the divided opinions on euthanasia, noting its limited acceptance globally and its fluctuating legal status in Australia, recommending a cautious approach that respects human life and ethical values. The document is available on Desklib, a platform offering study tools and resources for students.

Euthanasia
Student Details

Introduction
 Various societal issues are known as Legal issues, as they are dealt by law
and jurisdiction (Ezekiel J. Emanuel & Bregje D. Onwuteaka, 2016).
 There are many legal issue that are currently prevailing in the world like:
 Abortion
 Euthanasia
 Surrogacy
 Gay Marriage, etc.

Euthanasia Overview
It is basically the practice of ending the life of a person with
the help of an injection or some other medical treatment, on
behalf of that person(Henkten Have & Jos V.M.Welie, 2014).

Euthanasia Definitions
 Many scholars have defined Euthanasia in their own words. Some
world-class dictionaries also have given the definition of
Euthanasia(Ezekiel J. Emanuel & Bregje D. Onwuteaka, 2016).
 According to Oxford dictionary , Euthanasia basically means the
killing of a patient painlessly, which is suffering from a painful or
incurable disease , in sever depression or in irreversible coma.
 As per Cambridge Dictionary, Euthanasia is mainly the act of
killing a person that is very ill or very old, so that they won’t suffer
anymore.

Euthanasia Legislations
Euthanasia is a concept that helps individual in mercy killing of themselves.
It is not legal in many countries, however few counties have given
permission to individuals for mercy killing.

Queensland Euthanasia
Jurisdiction
 According to Jurisdiction of Queensland the laws and legislations related
to euthanasia is passive in nature.
 Queensland recently have ordered an enquiry about the acceptance or
rejection of the people’s will of mercy killing(White & Willmott, 2012).

Australian Euthanasia
Jurisdiction
 In Australia the mercy killing is not completely legal. The
government have made some rules to regulate the functions,
reasons and consequences related to euthanasia(Henkten Have
& Jos V.M.Welie, 2014).
 From a very long time Australia and its states have established
some laws regarding mercy killing, which are still not
established fully in the country.

Euthanasia Legislations
Worldwide
 In the world, there are many legal issue that are prevailing and
Euthanasia is on of them.
 It is considered that the life of a people is basically the gift from god,
he have no right to end it without god’s permission(Joachim Cohen,
et al., 2012).
 This gives rise to disagreement with euthanasia by various countries
in all over the world.
 However there are still some countries and regions that think the
mercy killing is reducing the pain of the patient(John Keown, 2018).

 In Netherlands euthanasia is legal. They tend to allow mercy killing to
only persons who happen to have uncurable disease or physically in so
much pain.
 Belgium government allows euthanasia to only those persona who are
adult. They won’t allow mercy killing to those patient who are not adult.
 In Japan the patient who is in coma for more then 3 years is eligible for
euthanasia(Ezekiel J. Emanuel & Bregje D. Onwuteaka, 2016).
Apart from these countries USA is also a active element of euthanasia, on the
other hand Australia doesn't allow active euthanasia.

Reasons for Change
 Euthanasia is the term that is used for describing the act of mercy
killing by hospitals and NGOs.
 There are various laws and regulations that allow or disallow
euthanasia in various countries worldwide(Joseph F. Fletcher, 2015).
 In Australia the euthanasia is passively permitted. However the
practice is changing the world scenario gradually. It is believed to be
reducing the pain of immensely desired patients(P. Carrick, 2012).

Here are some reasons that are in favor of the changes of
euthanasia taking place around the world.
 Alternative Use of Organs
 Painless Death
 Saves Money

Reasons Against Change
 Euthanasia is considered to be a very brave practice that a country or its people follow.
There are many benefits of it also.
 However like previously discussed that the life of a person is precious then anything
else in this world(Tinne Smets MA, et al., 2011).
 It is the responsibility of every person to allow himself and others to life as long as
possible, irrespective of its mental or physical conditions.
 Here are some reasons that talk about the argument regarding the changes for
euthanasia in against:
 Professional Moral Compromised
 Ignorance of value of Human Life
 Increase in Suicidal Behavior

Conclusion
 Euthanasia is considered to be a practice that is acceptable as
well as unacceptable by many nations.
 The acceptance of euthanasia is smaller in number as compared
to its unacceptance by the countries worldwide.
 In Australia euthanasia is allowed earlier, however with the
change of government and in rules, the euthanasia practice in
Australia becomes illegal.

 Still to some extent it is allowed passively in Australia.
 In the project some reasons in favor and in against of
euthanasia are discussed. It is the ultimate truth that the
humans are the creatures of nature and one should not play
with nature.

Legal Recommendations
 It is advised to individuals and to the whole country that is
Australia, that euthanasia practices are not a toy to play with.
 Earlier they have implemented the law in 1990s, then recently
in 2018 they put some stays on that law of mercy killing of
patients by the doctor.
 It is advised to the nation and people to respect the life they
have given to life(Henkten Have & Jos V.M.Welie, 2014).

 The life is full of chances and one can never know in future
they may life longer then expected.
 So it is advised to the people to behave within there
professional and personal ethical values and respect human
life more then their sufferings.

Bibliography
Ezekiel J. Emanuel & Bregje D. Onwuteaka, 2016. Attitudes and Practices of Euthanasia and Physician-Assisted Suicide in the United
States, Canada, and Europe. JAMA, 316(1), pp. 79-90.
Henkten Have & Jos V.M.Welie, 2014. Palliative Sedation Versus Euthanasia: An Ethical Assessment. Journal of Pain and Symptom
Management, Issue 1, pp. 123-136.
Joachim Cohen, Yanna Van Wesemael & Tinne Smets, 2012. Cultural differences affecting euthanasia practice in Belgium: One law but
different attitudes and practices in Flanders and Wallonia. Social Science & Medicine, 75(5), pp. 845-853.
John Keown, 2018. Euthanasia, Ethics and Public Policy: An Argument against Legalisation. s.l.:Cambridge University Press.
Joseph F. Fletcher, 2015. Morals and Medicine: The Moral Problems of the Patient's Right to Know the Truth, Contraception, Artificial
Insemination, Sterilization, Euthanasia. s.l.:Princeton University Press.
P. Carrick, 2012. Medical Ethics in Antiquity: Philosophical Perspectives on Abortion and Euthanasia. s.l.:Springer Science & Business
Media.
Tinne Smets MA, Joachim Cohen & Johan Bilsen RN, 2011. Attitudes and Experiences of Belgian Physicians Regarding Euthanasia
Practice and the Euthanasia Law. Journal of Pain and Symptom Management, 41(3), pp. 580-593.
White, B. & Willmott, L., 2012. White, Ben and Willmott, Lindy, How Should Australia Regulate Voluntary Euthanasia and Assisted
Suicide?. s.l.:Australia 21 Limited.

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