Conceptions of the Euthanasia Phenomenon: a Comparative Discussion of the Merger of Law, Ethics and Morality Within Three Jurisdictions

Law School

Keywords

euthanasia, human rights, Human Rights Act 1998, European Convention on Human Rights

Research output: Contribution to Journal/Magazine › Journal article › peer-review

Published

Standard

Conceptions of the Euthanasia Phenomenon: a Comparative Discussion of the Merger of Law, Ethics and Morality Within Three Jurisdictions. / Ost, Suzanne.
In: Journal of Civil Liberties, Vol. 5, 2000, p. 155-192.

Research output: Contribution to Journal/Magazine › Journal article › peer-review

Bibtex

@article{f2a0dc7d24994b0e85eb4d5d7133be15,

title = "Conceptions of the Euthanasia Phenomenon: a Comparative Discussion of the Merger of Law, Ethics and Morality Within Three Jurisdictions",

abstract = "With the much publicised not guilty verdict in the UK case of R v Moor last year, the phenomenon of euthanasia continues to rear its controversial head in today's society. It is a phenomenon that has tested the boundaries of the law in many different jurisdictions and is the subject of much worldwide debate. An essential part of the euthanasia debate relates to the issue of individual/human rights; should individuals have an enforceable right to exercise their autonomy and direct that euthanasia be practised upon them when their lives possess no quality and have become nothing but a burden them? In considering this question, the impact of certain Articles protecting individual human rights within the European Convention of Human Rights must be assessed; the imminent incorporation of the European Convention into UK law following the enactment of the Human Rights Act 1998 will ensure the continuing relevance of individual rights issues, such as those apparent in the euthanasia debate. Likewise, the important issue of collective autonomy (that is, the right of society as a whole to determine a position for itself through the political process) cannot be ignored and a fundamental question is whether it is possible to balance individual rights with the collective's right to legislate a single standard for 'lawful' euthanasia that is supported by the majority within the particular society...",

keywords = "euthanasia, human rights, Human Rights Act 1998, European Convention on Human Rights",

author = "Suzanne Ost",

year = "2000",

language = "English",

volume = "5",

pages = "155--192",

journal = "Journal of Civil Liberties",

issn = "1362-3451",

}

RIS

TY - JOUR

T1 - Conceptions of the Euthanasia Phenomenon: a Comparative Discussion of the Merger of Law, Ethics and Morality Within Three Jurisdictions

AU - Ost, Suzanne

PY - 2000

Y1 - 2000

N2 - With the much publicised not guilty verdict in the UK case of R v Moor last year, the phenomenon of euthanasia continues to rear its controversial head in today's society. It is a phenomenon that has tested the boundaries of the law in many different jurisdictions and is the subject of much worldwide debate. An essential part of the euthanasia debate relates to the issue of individual/human rights; should individuals have an enforceable right to exercise their autonomy and direct that euthanasia be practised upon them when their lives possess no quality and have become nothing but a burden them? In considering this question, the impact of certain Articles protecting individual human rights within the European Convention of Human Rights must be assessed; the imminent incorporation of the European Convention into UK law following the enactment of the Human Rights Act 1998 will ensure the continuing relevance of individual rights issues, such as those apparent in the euthanasia debate. Likewise, the important issue of collective autonomy (that is, the right of society as a whole to determine a position for itself through the political process) cannot be ignored and a fundamental question is whether it is possible to balance individual rights with the collective's right to legislate a single standard for 'lawful' euthanasia that is supported by the majority within the particular society...

AB - With the much publicised not guilty verdict in the UK case of R v Moor last year, the phenomenon of euthanasia continues to rear its controversial head in today's society. It is a phenomenon that has tested the boundaries of the law in many different jurisdictions and is the subject of much worldwide debate. An essential part of the euthanasia debate relates to the issue of individual/human rights; should individuals have an enforceable right to exercise their autonomy and direct that euthanasia be practised upon them when their lives possess no quality and have become nothing but a burden them? In considering this question, the impact of certain Articles protecting individual human rights within the European Convention of Human Rights must be assessed; the imminent incorporation of the European Convention into UK law following the enactment of the Human Rights Act 1998 will ensure the continuing relevance of individual rights issues, such as those apparent in the euthanasia debate. Likewise, the important issue of collective autonomy (that is, the right of society as a whole to determine a position for itself through the political process) cannot be ignored and a fundamental question is whether it is possible to balance individual rights with the collective's right to legislate a single standard for 'lawful' euthanasia that is supported by the majority within the particular society...

KW - euthanasia

KW - human rights

KW - Human Rights Act 1998

KW - European Convention on Human Rights

M3 - Journal article

VL - 5

SP - 155

EP - 192

JO - Journal of Civil Liberties

JF - Journal of Civil Liberties

SN - 1362-3451

ER -

Research

Keywords