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Extending’ euthanasia to those ‘tired of living’ in the Netherlands could jeopardize a well-functioning practice of physicians’ assessment of a patient's request for death

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  • Florijn, Barend W.

Abstract

The Dutch Euthanasia Act (EA) took effect in 2002 and regulates the ending of one’s life by a physician at the request of a patient who is suffering unbearably. According to the Dutch Supreme Court, unbearable suffering is a state for which the presence of a medical condition is a strict prerequisite. As a consequence, the Dutch EA has attributed the assessment of unbearable suffering to physicians who evaluate the presence of a medical classifiable disorder. Currently, a debate within the Netherlands questions whether older people, without a medical condition, who value their life as completed, should be granted euthanasia. To concede the autonomy of such a person, the Dutch government intends to create a separate legal framework that regulates this tired of living euthanasia request. This debate is crucial for policy-makers and an international audience because it discusses if a self-directed death of older people, should be implemented in (the current Dutch) euthanasia practice. However, this article argues that the current legal proposal that regulates the tired of living euthanasia request ignores crucial jurisprudence on physicians’ application of the unbearable suffering criterion in practice. Furthermore it points out that this proposal neglects physicians role in guaranteeing a euthanasia practice of due care and that its use of an ethic of absolute autonomy could jeopardize this well-established practice.

Suggested Citation

  • Florijn, Barend W., 2018. "Extending’ euthanasia to those ‘tired of living’ in the Netherlands could jeopardize a well-functioning practice of physicians’ assessment of a patient's request for death," Health Policy, Elsevier, vol. 122(3), pages 315-319.
    • Handle: RePEc:eee:hepoli:v:122:y:2018:i:3:p:315-319
    DOI: 10.1016/j.healthpol.2018.01.007
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    References listed on IDEAS

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    1. van Wijngaarden, Els & Leget, Carlo & Goossensen, Anne, 2015. "Ready to give up on life: The lived experience of elderly people who feel life is completed and no longer worth living," Social Science & Medicine, Elsevier, vol. 138(C), pages 257-264.
    2. Rurup, Mette L. & Onwuteaka-Philipsen, Bregje D. & Jansen-van der Weide, Marijke C. & van der Wal, Gerrit, 2005. "When being `tired of living' plays an important role in a request for euthanasia or physician-assisted suicide: patient characteristics and the physician's decision," Health Policy, Elsevier, vol. 74(2), pages 157-166, October.
    3. van Tol, Donald & Rietjens, Judith & van der Heide, Agnes, 2010. "Judgment of unbearable suffering and willingness to grant a euthanasia request by Dutch general practitioners," Health Policy, Elsevier, vol. 97(2-3), pages 166-172, October.
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    Cited by:

    1. van den Berg, Vera E & Zomers, Margot L & van Thiel, Ghislaine JMW & Leget, Carlo JW & van Delden, Johannes JM & van Wijngaarden, Els J, 2022. "Requests for euthanasia or assisted suicide of people without (severe) illness," Health Policy, Elsevier, vol. 126(8), pages 824-830.

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