The "right to die" : a European perspective in the context of human rights

Abstract

This research project examines whether the legal notion of the ‘right to die’, is truly a fundamental right or not. It begins by establishing what fundamental rights are, and the principles attributed to them, together with their origin in Europe. Following this, an examination of what is the opposing, universally accepted and protected right to life, is tackled. Despite assisted suicide and euthanasia being a crime in many European states, a few, but an ever increasing number of states, have either legislated for these practices or decriminalized their criminal codes to allow assistance primarily by physicians. However physicians are legally allowed to withhold or withdraw life-sustaining treatment from patients. The inconsistency between the legal prohibition of assisted suicide, and legally permitted end-of-life medical decisions will therefore be examined. The research project undertakes a comparative analysis of four European jurisdictions in order to assess how their legislation on the ‘right to die’ instruments was established and developed, and to see whether a law permitting assisted death for a limited group of people would inevitably lead to assisted death being practiced beyond that group. An evaluation of what is a dignified death is also made. This research project will conclude with an assessment on whether there is, or not, a strong case for the recognition of the fundamental ‘right to die’ for patients experiencing an unacceptable quality of life because of unbearable pain and suffering brought about by illness.