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National Times

A moral storm in a mortal teacup?

February 20, 2012

Opinion

Sir Terry Pratchett has made known his wish for an assisted suicide, and has funded the Commission on Assisted Dying.

Sir Terry Pratchett has made known his wish for an assisted suicide, and has funded the Commission on Assisted Dying.

The great comic fantasy author Sir Terry Pratchett is not dead but says he wants to be soon. And he wants to be able to do it by his own hand.

Suffering from a rare form of Alzheimer’s disease, posterior cortical atrophy, which will not make him lose his memory and language skills but his hearing and literacy skills, Pratchett has publicly made known his wish for an assisted suicide. 

In his quest to control his own death, he has funded the Commission on Assisted Dying, which reported last month. The commission sounds governmental but it was not. While the commissioners could not have been more eminent, the commission was paid for privately.

It found that  British law and practice lack coherence and that a new approach is needed. It suggested that there was a case for assisted suicide to be legalised for the small number of people who would either commit suicide or benefit from the knowledge that the option existed. 

There were a number of suggested safeguards to ensure that assisted suicides had a settled intention and would not be forced into it by dire circumstances, depression, guilt or persuasion by relatives. 

There were several eligibility criteria:

1. The person concerned is aged 18 or over [I would have preferred an old age] and has a diagnosis of terminal illness.
2. The person is making a voluntary choice that is an expression of his or her own wishes and is not unduly influenced by others.
3. The person has the mental capacity to make a voluntary and informed choice, and the person’s decision-making is not significantly impaired as a result of mental health problems such as depression.

In the cruellest of ironies, Pratchett does not make the cut because at this stage his illness is disabling rather than deadly, and by the time it is terminal he may not have the requisite mental competence to fulfil the third criterion. I suppose that shows that this private commission had some independence from its funder.

There is a bit of an informal war between the atheists and the theists on this issue. I say ‘‘a bit’’ because while the main proponents of change are secular or atheistic and the antagonists rather churchy, the lines are blurred.

The clergyman on Pratchett’s commission, Reverend Canon Dr James Woodward (an Anglican priest and canon of St George’s Chapel in Windsor) was the one dissenting voice.

The major dissent in the aftermath has included the Archbishop of Canterbury, Dr Rowan Williams, who argues against assisted suicide, saying it is unchristian and dangerous for society. He has compared it to abortion, arguing that abortion numbers rose and the respect for life declined on its legalisation.

This disappointed me for I profoundly respect and like the bearded archbishop.

Yet published research on assisted suicide laws are far from a slippery slope. A study of US state Oregon and the Netherlands, both of which have legislated for assisted suicide, shows that vulnerable groups are not ‘‘groomed’’ for suicide. Indeed in some studies the number of deaths by assisted suicide is utterly tiny (0.13 per cent in Oregon and 0.02 per cent in Switzerland).

These figures could be used to impugn both sides of the argument. There is no slippery slope, as feared by the churches, and there is no real need for reform, as argued by the advocates for change. There is no evidence that life will be so cheapened that we will then call for the killing of those with diminished capacity.

When you speak to doctors and look at these small numbers, is it all a moral storm in a mortal teacup?  The doctors I have spoken to don’t cry out for the power to kill but for the courage to be not too enthusiastic with invasive treatment. Saving the dying from futile care is far more important numerically than the politicised area of euthanasia.

In Australia, euthanasia remains illegal and shrouded in moral difficulty and uncertainty. There are very few prosecutions and so the de facto situation differs from the legal prohibition. Anecdotal evidence suggests that unlawful killing occurs but is neither legal nor prosecuted.

In the parliaments, the issue is cyclical – every so often someone introduces a bill into a state or territory parliament for it to be defeated and sink again. The most recent sinking occurred in the South Australian Parliament in November 2010.

The Victorian bill was defeated in September 2008. Before that there were nine months in the Northern Territory where there was an act in force until federal intervention.

One gets the impression that a change in the law will come eventually. Statements from Tasmanian Labor Premier Lara Giddings and the state’s Greens leader, Nick McKim, make the Apple Isle the most likely next contender to put up a euthanasia. 

This is an issue percolating away in parliaments around the country and so we must prepare for its next eruption. Those who oppose the change are getting prepared, as this missive from the Family Association demonstrates.

I myself am open to change on the law but not evangelical on the issue. Thus I look forward to your feedback on this topic. I applaud and support efforts to improve palliative care for the dying and efforts to prevent futile and invasive treatment. Both those options seem far more representative of issues at the end of life than the euthanasia debate.

Personally I have signed a medical treatment enduring power of attorney, which essentially enables my wife to make decisions if I lose the capacity, but that is not submitting to voluntary euthanasia. Quite the reverse, for this applies when I have no capacity to volunteer anything.  This is the problem for Pratchett in the British proposals.

So what is your view?

What do you think of the British commission’s recommendations?

Is euthanasia a vital right for citizens or a tiny minority of cases if palliative care is provided and futile and invasive treatment is not provided willy-nilly? 

Is it all a moral storm in a mortal teacup? 

Is voluntary euthanasia inevitable?

Is the euthanasia question one of faith versus belief, or are the lines blurred with advocates on both sides of the divide?

Over to you ...

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375 comments

  • The evidence may show that there is no slippery slope yet, but can you say for sure there is no chance such a change might be abused and innocent lives lost? I don't think that can be accurately predicted either way, but while it remains a possibility, I'm very uncomfortable seeing such a thing become legal...

    Commenter
    Mark.
    Location
    Wagga
    Date and time
    February 20, 2012, 7:33AM
    • Impressive, you turned a denial of a slippery slope into a slippery slope argument.

      Commenter
      Geoff
      Location
      Melbourne
      Date and time
      February 20, 2012, 9:35AM
    • I can't conclusively proove that I won't one day snap and go on a killing spree, therefore the government should legislate against me going to work every day.

      We also can't conclusively proove that the catholic church won't go all inquisition on us again, so we should ban them. We should also ban atheism, cause we can't proove that another Stalin won't appear.

      Commenter
      Zebba
      Location
      Date and time
      February 20, 2012, 10:01AM
    • Yes Mark, a slippery slope may very well occur but safeguards can be put in place to lessen the chances of this occurring. If not, the alternative is suicide, which is a given and threatens the lives of other innocents.

      Commenter
      liklik
      Location
      sydney
      Date and time
      February 20, 2012, 12:25PM
    • @Geoff

      I don't think I did. I observed that evidence has been put forward saying in the time this sort of legislation has been in place, there have not been abuses of it. I also observed that this does not necessarily guarantee the safety of the legislation, as we cannot predict the world of our grandchildren or great grandchildren, and how they will deal with the issue in their time.

      It's not the best argument against the legislation, and it was never intended to be. It just, as I said, makes me a bit uncomfortable about the whole thing.

      @ Zebba

      Classic Strawman.

      @liklik

      Yes, safeguards would have to be put in place for it to have any chance of becoming lawful. I just wonder if us (as humans in 2012) can predict what safeguards will need to be in place when it comes to the law not being misused in, say, 2050. Or 2112. I am absolutely not saying "this will be mistreated by people in 100 years", only pointing out it is a difficulty that advocates would face in enacting the law at all here and now...

      Commenter
      Mark.
      Location
      Wagga
      Date and time
      February 20, 2012, 1:45PM
    • If my response was a strawman then you did a bad job of articulating your argument, cause it really, as Geoff points out also, seems to be a slippery slope argument, mixed with a bit of "you can't disprove it therefore it's true".

      And I seriously think you are underestimating the risk of me "Going Postal". :-)

      (Yes, I'm a massive Pratchett fan)

      Commenter
      Zebba
      Location
      Date and time
      February 20, 2012, 3:47PM
    • Mark

      ".. can you say for sure there is no chance such a change might be abused and innocent lives lost?"

      Strawman. Can you say for sure that there won't be any "innocent lives lost" the next time you drive out your front gate? Or do you advocate banning cars?

      Commenter
      Malcolm S
      Location
      Date and time
      February 20, 2012, 7:47PM
    • @ Zebba

      I said "I don't think that can be accurately predicted either way, but while it remains a possibility, I'm very uncomfortable seeing such a thing become legal..."

      You said "We also can't conclusively proove (sic) that the catholic church won't go all inquisition on us again, so we should ban them. We should also ban atheism, cause we can't proove (sic) that another Stalin won't appear."

      I said it's a -possibility- that I am not comfortable with, you parodied my argument by saying that because we can't -prove- the effect of something, we should ban it.

      Do you not see the massive difference?

      The argument is this: we can't know what a society in, say, 3 generations will be like, and so we can't put in place a perfect law or set of laws with regards to the potential consequences of euthanasia. I never said we should therefore not legalise it. I said that makes me uneasy.

      Yes, I would say it comes under the umbrella term 'slippery slope argument', but I don't think it's a very strong one. As I said, all I can conclude is that it makes me uneasy.

      Hope that clears up anything that was unclear?

      Commenter
      Mark.
      Location
      Wagga
      Date and time
      February 20, 2012, 11:34PM
    • @ Mark - It does.

      I like to look at uncertainty from two angles - is the proposition extending rights or restricting them?

      If it's extending rights, such as for euthanasia, then uncertainty is not good enough. A potential slippery slope is not enough to restricts peoples rights to something. And I don't think that you need to demonstrate positive benefits for the extension of rights either.

      If you are restricting rights though, then the story changes. In that case, uncertainty IS good enough. I don't support covert surveilance of citizens without just cause, as whilst I don't have anything to hide, laws like that introduced to "stop terrorism/crime" can all too easily be extended to stopping commies, capitalists, atheists, christians, etc as soon as we redefine what a "crime" is.

      Summary - the burden of proof lies on the person seeking to restrict rights, not the person seeking extension of rights. If you (or whoever) want to stop me from seeking a comfortable death, or marrying another man, or being an atheist, or smoking a joint when I get home from work*, you have to prove (thanks) that it will cause problems that offset what should be the inaliable rights for people to live their lives as they see fit

      * Note: I currently only want to do one of those things...

      Commenter
      Zebba
      Location
      Date and time
      February 21, 2012, 10:44AM
    • @ Zebba

      I think that's a sensible and reasonable argument.

      I suppose I am still a little worried that the right of someone to life may be restricted, but I can't (as I have said) argue against your position by saying 'I don't like it'. Nor can I show that anyone's right to life WILL, or even MAY, be restricted!

      I think the point on which we differ is a part of your argument that makes internal sense - "what should be the inaliable rights for people to live their lives as they see fit".

      con't...

      Commenter
      Mark.
      Location
      Wagga
      Date and time
      February 21, 2012, 9:44PM

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