Euthanasia

Derived from the Greek Eu Thanatos the term literally means good death, however, for the purpose of analysis it becomes necessary to define the term further into both passive and active Euthanasia. Passive Euthanasia concerns the intentional withholding of treatment, which will then result in the patients death. Here, death is deemed to be a result of the patients medical condition. Active Euthanasia is however, a decidedly different matter. In this instance a positive human act instigating or accelerating death is required and it further be subdivided into three distinct categories, namely in accordance with the wishes of the patient (voluntary Euthanasia), without consent (non-voluntary Euthanasia) or where is patient is incapable of consenting (involuntary Euthanasia). To compound this, there is finally the issue of the assisted suicide. In this instance suicide is aided by an individual for example a doctor in the prescription of medication, the purpose of which is to cause the death of the patient. Within both the United Kingdom and Irish jurisdiction the latter two are both deemed to be criminal offences.

As a result of Hillsborough 1989, 17-year-old Anthony Bland suffered both crushed and punctured lungs. The hindrance in blood flow to the brain resulted in anoxic brain damage, leaving the patient in a condition known as a persistent vegetative state (PVS). This involved the loss of all higher brain functions, he now existed solely due to the artificial feeding tubes which he unable to consent to. These methods were employed due to the absence of any advanced directives and in the families and carers interest in preserving Anthony Blands life. However, there was no hope of recovery and in 1992 an application was made that the district hospital of Sheffield may lawfully not furnish medical treatment except for such purpose of enabling Anthony Bland to end his life and die peacefully with the greatest of dignity and least of pain and suffering.

Over the course of one year, the case was appealed from the family division of the high court, the court of appeal in which the master of the rolls and two judges affirmed the decision, and finally in the House of Lords. Their decision to end the life of Anthony Bland was unanimous. However, it was concluded that this would not constitute murder as: the cessation of feeding amounted to an omission, no duty existed as the feeding constituted medical treatment and this treatment was deemed not to be in the best interest of Anthony Bland as A responsible body of medical opinion did not regard existence in Anthony Bland condition to be a benefit. Thus while murder was committed by the withdrawal of feeding tubes no criminal liability was established on the day of Anthony Blands death, March 3rd 1993.

The committee continues to upset the issue of passive Euthanasia. In the same tradition of the American common law courts, the committee producing a strong and substantial endorsement of the right of a competent patient to withdraw or abscond from medical treatment. While this declaration seems to employ little effect of common understandings of the matter the issues of suicidal intent is not addressed. Thus, discounting this submission that a competent individual cannot wish to commit suicide the committee have further embodied themselves within these contradictions. It may then be surmised that at present English law concerning Euthanasia is not only insufficient, but is largely incoherent and contradictory.

The employment of a best interests test may also be called into question, as while this was the test endorsed by the majority, the autonomy of the patient was also stressed, and this right was still active under the principle of equality.

The difficulty involved in introducing such a law would be immense as any pro Euthanasia Bill would seemingly be at ends with Article 2 of the European Convention on Human rights, No one shall be deprived of life intentionally. Law reform may therefore be forced to take place on a much larger scale than anticipated.

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