ULAW3010 Understanding Law: Euthanasia in the UK and Switzerland

This essay provides a comparative analysis of euthanasia laws in the United Kingdom and Switzerland, examining the legal status, influences, and the role of societal values, morals, and attitudes. It highlights the illegality of assisted suicide in the UK under the Suicide Act 1961, contrasting it with Switzerland's more permissive stance where assisted suicide is legal under specific conditions. The essay discusses the increasing number of British citizens seeking assisted deaths in Switzerland and the associated costs, alongside an exploration of the ethical considerations and the impact of societal values on euthanasia debates. The reflective log details the research process, addressing the ethical and legal controversies surrounding euthanasia, referencing key legal cases and legislation. It concludes by emphasizing the need for further research into the legislation and the protection of vulnerable individuals.

Running head: ESSAY 0
LLB HONS LAW
JULY 16, 2018
Student details

ESSAY 1
Part- A
Introduction
Euthanasia is a difficult procedure, which includes many elements. The word euthanasia is
taken from Greek word euthanatos. The word euthanatos means easy death. It refers to the
closure of life of ill person in respect to discharge the persons of their pain. In United
Kingdom, euthanasia is against the law. It is not legally allowed in United Kingdom to help
anyone kill himself or herself. The deliberate euthanasia may lead to sentence of up to
fourteen years. In Switzerland, the word euthanasia is not considered because of its link with
eugenicist procedures of the Nazi era. The law consequently inclines to differences between
assisted suicide and active assisted suicide.
In this essay, euthanasia, the influences of euthanasia and role of morals, beliefs, and values
in society is discussed.
Legality of euthanasia in United Kingdom and Switzerland-
Euthanasia is identified as mercy killing. It is exercise of purposefully termination of life of
person to relieve suffering. It is like doing help or motivating a person to take his or her own
life such as giving the medicines to encourage someone to take their life. In some countries,
euthanasia is legally considered and in some countries, euthanasia is illegal1.
In United Kingdom, assisted suicide is not legal as per the term of Suicide Act 19612. It is
punishable by sentence up to fourteen years. The attempt to kill yourself is not criminal act.
Based on conditions, euthanasia is considered as either homicide or murder. The euthanasia,
which carries the maximum fines of life in the sentence and assisted suicide of fourteen years
both are not legal in United Kingdom with the exception passive euthanasia. In the passive
1 Steven Luper, ‘The philosophy of death’ (Cambridge university press 2009)
2 Suicide Act, 1961

ESSAY 2
euthanasia, the treatment, which may extend a person’s life, is withdrawn. For example, a life
machine being turned off. The only one remedy for critically sick people in the United
Kingdom is hospital care or rejecting treatment. It is a right of mentally sick patients. The
people decide to go out of country to finish their life3.
On the other hand, euthanasia is not legal but assisted suicide is legal in Switzerland. It is not
required to get citizenship of Switzerland to get the facilities of clinics or hospitals. The
article 115 of the Swiss Penal Code bans assisted suicide for the reason of self-interest.
Article 114 restricts affecting the death of a person for admirable reasons and especially of
sympathy or concern for the victim. The assisted suicide for non-selfish motive is not
particularly banned as long as some terms and conditions are met. The assisted suicide is
legal in Switzerland by omission. The Swiss Supreme Court enforces the rules that people
should commit suicide by his or her own hand. For example, people are taking medicines
themselves to commit suicide. The doctors are required not to order a toxic injection without
being responsible for criminal action4.
Influences of euthanasia-
As it is not legal in United Kingdom to assist any person, the number of people go to
Switzerland to make an assisted death. As per the consequences, one British person goes to
the dignitas to finfish his or her life every eight days. In Switzerland, the assisted suicide is
more costly. Some costs are shocking such as there are many interviewees who booked a
return ticket for dying person, to make sure the people had knowledge they had chance to
manipulate his or her minds if the people wanted to decrease the opportunity of doubt by
establishments5.
3 Steven Amsterdam, ‘The easy way out’ (Hachette UK 2016)
4 Grahame Howard, ‘The Euthanasia protocol’ (Oxford 2017)
5 Richard Huxtable, ‘Euthanasia, ethics and the law: from conflict to compromise’ (Routledge Taylor & Francis
Group 2007)

ESSAY 3
The number of assisted suicide have been increased from last five years. The cost of making
assisted suicide in the Switzerland rejects the option to the many people in United Kingdom.
The report 2017 by Money Charity stated that sixty eight per cent of families in United
Kingdom have less than 10,000£ in savings. Notwithstanding the cost of assisted suicide
being an important matter in discussions about the present law, for many interviewees in
investigation it did not make influences on their conclusions to pursue assisted death
overseas6.
Role of society’s values, morals, and attitudes-
The attitudes, values, and morals of society have important role in the incorporation and
completion of basic desires of person and constant method suitable for his living. The values
are active social elements that create the factors of the persons as well as members of group
that holds together. The values are significant because values help the society to progress and
develop. The values also help in forming bright future. The significance of values is
independent of the circumstances. Such as, even someone may be not fair, the fairness still
has value. The values also form the standards to direct day-to-day conduct7.
The morals are connected with behaviour of human being. They make differences between
bad conduct and good conduct. They deal with the issues, which a person think can extremely
harm or extremely benefit people. Morals are linked with the specific sentiments. When a
person conduct behaviour in the contradiction of morals, then that person feel humiliated,
guilty and embarrassed. They are important in the creation of the policies and procedures.
The morals are required to be made public in respect to be an action-directing role in lives of
human beings. The attitudes have many functions. Attitudes direct to the behavioural choices,
which a person face in respect for motivated attitudes to influence the behaviour. It allows
6 Richard Huxtable, ‘Euthanasia: All that matters’ (Hachette UK 2013)
7 Rienhold Niebuhr, ‘Moral man and immoral society: A study in ethics and politics’ (Oxford 2017)

ESSAY 4
people to increase the rewards and to decrease the punishments and penalties. The attitudes
allow people to express his or her own values and self-image. It also enables the people to
adjust in their atmosphere8.
Conclusion
It is concluded that each country has different laws in respect of Euthanasia. The Switzerland
has more relaxed law on Euthanasia in comparison of UK. The suicide is not considered as
crime and voluntary euthanasia is lawfully permitted in Switzerland. The human-environment
relationship is composite. The values, attitudes, and morals affect the behavioural choices and
regenerated choices.
Part- B
Reflective Log-
I have made research about the euthanasia to write an effective essay. I have also involved
some books namely the future of assisted suicide and the euthanasia protocol9. This research
made me learn more about euthanasia. From the research I made, it is resolved why
euthanasia is not legalised or not required to be legalised. Euthanasia and assisted suicide are
major issues to be discussed. The outcome of this research will influence family
relationships, communication between consultant, patients, and ideas of fundamental ethical
behaviour.
A review of research proposes that the euthanasia is described as exercise of terminating the
life. The voluntary euthanasia is usually made when an individual is in pain. When the patient
makes this process with the help of doctor or medical consultant, then the word assisted-
suicide is used. The passive euthanasia is supported by dismissing the prescription, which is
8 Methew Pirie, ‘How to win every argument: the use and abuse of logic’ (Sage 2009)
9 Niel Gorsuch, ‘The future of assisted suicide and euthanasia’ (Princeton University Press 2009)

ESSAY 5
making the patient alive. The active euthanasia includes the direction of toxic drugs or
finishing the life.
It was found that the euthanasia is vast matter for reflection and the remark of various facets
of law, morality, sociology, and science. In Switzerland, the assisted suicide by the non-
physicians is lawful. This is something unique situation in Switzerland. There are controversy
over the issue of assisted suicide and euthanasia. The doctors have distinctly argued their
proper position at the end of life. The doctors are required to play their role in both side of
arguments. In United Kingdom, euthanasia has no specific position as per the law. The
voluntary euthanasia is like murder under United Kingdom law and assisted suicide is
restricted there.
Euthanasia Controversy
As per my point of view about the euthanasia, there are many arguments or debates on this
major issue that whether euthanasia should be lawful or illegal. The various beliefs and
questions surrounding these concepts are most dynamic areas of research. There are various
Supreme Court cases, which surround the matter of euthanasia such as Gonzales v. Oregon10
and Airedale NHS Trust v Bland11.
From the legal point of view, the Encyclopaedia of American Law classifies mercy killing as
the kind of illegal murder. Prudently, not all homicide are considered as unlawful. In the case
of criminal punishment, killing is considered as justifiable. However, it is not considered as
unpardonable in any other case.
The opinions related to euthanasia base on the procedure used to take life of person. The
Oregon death with Dignity Act made it legal for citizens to demand a toxic injection in the
direction of medical consultant12. The passive euthanasia from rejection of drugs or process is
10 546 U.S. 243 (2006)
11 (1993) AC 789 HL
12 Dignity Act

ESSAY 6
legal in many of jurisdictions. Many opinions centre on spiritual principles13. It is strongly
believed that taking a life is intrusive with plan of god. The traditions of Christians are not in
the favour of passive euthanasia. In future, as a solicitor or barrister i will do research of
legislation and acts related to the euthanasia and assisted suicide. I will address the concerns
related to misuses and security of the vulnerable because of research.
Bibliography
Primary Sources
Statues and statutory instruments
Suicide Act, 1961
13 Andrew Holliday, ‘Doing and writing qualitative research’ (Sage 2009)

ESSAY 7
The Dignity Act
Legislation and cases
Airedale NHS Trust v Bland (1993) AC 789 HL.
Gonzales v. Oregon 546 U.S. 243 (2006)
Secondary Sources
Books
Amsterdam, S, ‘The easy way out’ (Hachette UK 2016)
Gorsuch, N, ‘The future of assisted suicide and euthanasia’ (Princeton University Press
2009)
Holliday, A, ‘Doing and writing qualitative research’ (Sage 2009)
Howard, G, ‘The Euthanasia protocol’ (Oxford 2017)
Huxtable, R, ‘Euthanasia, ethics and the law: from conflict to compromise’ (Routledge
Taylor & Francis Group 2007)
Huxtable, R, ‘Euthanasia: All that matters’ (Hachette UK 2013)
Luper, S, ‘The philosophy of death’ (Cambridge university press 2009)
Niebuhr, R, ‘Moral man and immoral society: A study in ethics and politics’ (Oxford 2017)
Pirie, M, ‘How to win every argument: the use and abuse of logic’ (Sage 2009)