Anaya Nolan
Assisted suicide is a highly controversial topic, with laws varying across different countries and states. While suicide itself is not a crime in penal law, assisting a suicide is illegal in many jurisdictions. In 1997, the Supreme Court ruled that there is no constitutional right to assisted suicide, upholding bans on the practice in Washington and New York state. However, some states, such as Vermont and California, have since passed laws allowing terminally ill patients to request and self-administer aid-in-dying drugs. The debate around assisted suicide continues to be a subject of legal and ethical discussion, with proponents arguing for an individual's right to die with dignity, while opponents raise concerns about the potential for abuse and the sanctity of life.
| Characteristics | Values |
|---|---|
| Law | There is no constitutional right to assisted suicide |
| Location | Assisted suicide is illegal in Washington, New York, Canada, and ancient Athens |
| Exceptions | In 2013, Vermont passed the Patient Choice and Control End of Life Act, which governs the prescribing of medication to hasten the end of terminally ill patients' lives. In 2015, California signed the End-of-Life Option Act into law, which allows terminally ill patients to request and self-administer aid-in-dying drugs from their attending physician |
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What You'll Learn
Assisted suicide is not a constitutional right
Assisted suicide, also known as physician-assisted suicide (PAS), is illegal under English law. It is punishable by up to 14 years' imprisonment under the Suicide Act (1961). Assisted suicide is also illegal in the United States, although some states have passed laws to legalise it. For example, New Jersey became the seventh state to legalise assisted suicide in 2019.
In Germany, assisted suicide is not punishable by the usual legal mechanisms dealing with complicity and incitement. A German court ruled that governments in pluralist societies cannot establish criteria for who is eligible for assisted suicide, as it would violate one's autonomy and the principle of person-state separation.
Despite these developments, assisted suicide remains illegal in most countries and is not recognised as a constitutional right. This means that individuals do not have a legal entitlement to assistance in ending their life, even if they are suffering from a painful, terminal illness. While there may be ethical arguments in favour of assisted suicide, it is important to recognise that legalising it would require a significant shift in the legal and ethical framework of most countries.
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Physician-assisted suicide is illegal in some countries
The law against assisted suicide, including physician-assisted suicide, has been the subject of much debate. In 1993, the offence of assisted suicide survived a constitutional challenge in the Supreme Court of Canada in the case of Rodriguez v. British Columbia (Attorney General). The plaintiff, Sue Rodriguez, had been diagnosed with amyotrophic lateral sclerosis (ALS) and wished to be able to die by suicide at a time of her own choosing, but her physical condition prevented her from doing so without assistance.
According to the theory of "borrowed crime", suicide itself is not a crime in penal law and thus any type of assistance in an individual's suicide is not considered a crime, and the assistant is not punished. However, the associated matters of assisting a suicide and attempting suicide have been dealt with by the laws of some jurisdictions. Some countries criminalise suicide attempts.
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Suicide itself is not a crime in penal law
In ancient Athens, a person who had died of suicide (without the approval of the state) was denied the honours of a normal burial. The person would be buried alone, on the outskirts of the city, without a headstone or marker.
The law against assisted suicide, including physician-assisted suicide, has been the subject of much debate. In 1993, the offence of assisted suicide survived a constitutional challenge in the Supreme Court of Canada, in the case of Rodriguez v. British Columbia (Attorney General). The plaintiff, Sue Rodriguez, had been diagnosed with amyotrophic lateral sclerosis (ALS) and wished to be able to die of suicide at a time of her own choosing but would require assistance to do so because of her physical condition.
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Some countries criminalise suicide attempts
Suicide itself is not a crime in penal law, and so any assistance in an individual's suicide is not considered a crime. However, assisting in suicide is considered a crime when it becomes the 'cause' of the suicidal person's death. For example, when someone takes advantage of someone else's unawareness. The law against assisted suicide, including physician-assisted suicide, has been the subject of much debate. In 1993, the offence of assisted suicide survived a constitutional challenge in the Supreme Court of Canada. The plaintiff, Sue Rodriguez, had been diagnosed with amyotrophic lateral sclerosis (ALS) and wished to be able to die of suicide at a time of her own choosing but would require assistance to do so because her physical condition prevented her from doing so without assistance.
Assisted suicide is the act of actively aiding other people in the taking of their own lives. Physician-assisted suicide, a subset of assisted suicide, involves the assistance of a physician. In Vacco v. Quill, the United States Supreme Court ruled that assisted suicide is different from withdrawing life-sustaining treatment. The Court noted that most states have statutes that impose criminal penalties on people who assist others to commit suicide. In addition, patients have well-established, traditional rights to bodily integrity and freedom from unwanted physical contact.
Suicide attempts are criminalised in some countries. In ancient Athens, a person who had died of suicide (without the approval of the state) was denied the honours of a normal burial. The person would be buried alone, on the outskirts of the city, without a headstone or marker.
German criminal law follows the idea of "accessories of complicity" which states that "the motives of a person who incites another person to commit suicide, or who assists in its commission, are irrelevant".
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Some states uphold their own assisted suicide laws
While suicide itself is not a crime in penal law, assisting a suicide is illegal in many countries. In the US, the Supreme Court ruled in 1997 that there is no constitutional right to assisted suicide. However, some states uphold their own assisted suicide laws. For example, in 2013, Vermont passed the Patient Choice and Control End of Life Act, which allows terminally ill patients to request and self-administer aid-in-dying drugs from their attending physician. Similarly, in 2015, California signed the End-of-Life Option Act into law, which also allows terminally ill patients to request and self-administer life-ending medication. These laws are a result of much debate and discussion surrounding the topic of assisted suicide, with some arguing that it is a fundamental right to die with dignity.
The legality of assisted suicide varies across different countries and jurisdictions. In Canada, for instance, the offence of assisted suicide survived a constitutional challenge in the Supreme Court in 1993. The plaintiff, Sue Rodriguez, had been diagnosed with amyotrophic lateral sclerosis (ALS) and wished to die by suicide at a time of her choosing, but required assistance due to her physical condition. Despite her plea, the court upheld the law against assisted suicide.
The concept of "borrowed crime" suggests that since suicide is not a crime, any assistance provided to an individual attempting suicide should not be considered a crime either. This theory has sparked debate and discussion around the legal and ethical implications of assisted suicide.
While some states and countries have chosen to legalise assisted suicide, others maintain strict laws prohibiting it. The variation in laws highlights the ongoing debate and differing perspectives on this complex and sensitive issue.
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Frequently asked questions
Yes, assisting with suicide is a crime. In 1997, the Supreme Court ruled that there is no constitutional right to assisted suicide. However, states can still decide to uphold their own assisted suicide laws.
The theory of 'borrowed crime' states that suicide itself is not a crime in penal law and thus any type of assistance in an individual's suicide is not considered a crime and the assistant is not punished.
In 1993, the offence of assisted suicide survived a constitutional challenge in the Supreme Court of Canada, in the case of Rodriguez v. British Columbia (Attorney General).
