Euthanasia Laws

A brief write-up which will shed some light on euthanasia laws that are in practice in various judicial systems across the world, with special emphasis on such laws in the United States, in a bid to understand the legalities of the issue.
Euthanasia, i.e. the practice of ending an individual's life in order relieve the person of pain and suffering, is undoubtedly one of the most controversial issue in the world today. Basically, euthanasia debate revolves around the very concept according to which it is referred to as 'voluntary suicide' or 'involuntary murder'. Though the history of this practice can be traced by to the Greek and Roman civilizations, only a few countries have successfully legalized this practice in accordance to their common law.

A look at euthanasia statistics compiled by The Gallup Organization in the United States reveals that 72 percent of the American population is in favor of this practice. While that is the general view in the United States, euthanasia laws in the country differ from one state to another.

Euthanasia: An Overview

The term 'homicide' refers to killing of an individual by another for any underlying reason. Going by this definition of homicide, killing a person in order to relieve him of intractable suffering also amounts to homicide. Taking this into consideration, most of the judicial systems of the world consider euthanasia as an illegal practice which doesn't have any place in our civil society. While euthanasia is divided into two types - active euthanasia and passive euthanasia, the term is most often used to refer to active euthanasia, i.e. the practice killing an individual by using lethal substances or force. Passive euthanasia, on the other hand, is the practice of stopping the treatment process which is necessary to keep the person alive. Among the two, active euthanasia is considered to be criminal homicide in various judicial systems but it is also used as a measure of capital punishment in various countries.

Euthanasia Around the World

As far as the legal status of euthanasia in various parts of the world is concerned, it differs from one country to another. Euthanasia is considered illegal in all the European countries except for Netherlands, where there are provisions for the same in some circumstances. In the United Kingdom, active euthanasia is considered to be at par with a murder. After a brief period wherein the practice was considered legal in Australia, the Australian administration introduced a legislation declaring voluntary euthanasia and assisted suicide illegal in all its states and territories. Other countries which have legalized euthanasia include Belgium, Albania, Luxembourg etc. The pros and cons of euthanasia have a crucial role to play when it comes to legalization of this practice. In New Zealand, two attempts to legalize mercy killings failed when the bill about its legalization was met by severe criticism by the opposition in the Parliament. When it comes to the United States of America, different state jurisdictions have different laws for this practice.

Euthanasia in the United States

In the United States, religion and race play a crucial role when it comes to general opinion about euthanasia. Even though active euthanasia is illegal in the United States, the patients do have the right to refuse medical treatment. Similarly the patient can request for various measures to ease their pain and suffering, even if these measures hasten their death. Death caused in such circumstances amounts to passive euthanasia which is not considered illegal. Out of the 50 states which make the United States of America, only four states have provisions for euthanasia in their judicial system. These four states include Oregon, Washington, Montana and Texas. Among these states, Oregon was the first state to introduce euthanasia laws with the Death With Dignity (DWD) Act of 1994. According to this act, people who are terminally ill, with no chances of survival whatsoever, can ask the doctor for lethal medication. While these states have legalized mercy killing, states like Alabama, Massachusetts, Michigan, Nevada, South Carolina, West Virginia etc. have criminalized the practice in their common law.

It is by no means easy to get euthanasia laws passed owing to the general, and more importantly, the religious sentiments involved in the process. As far as religious sentiments are concerned, several religions preach that no individual has the right to kill another, and this is considered to be one of the most prominent reason against euthanasia that you are likely to hear in the euthanasia debate. A deeper introspection of the euthanasia pros and cons has to be done, and only then can we decide whether the same has a place in our civil society or not.
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Last Updated: 9/27/2011
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