- Title
- The legality of euthanasia conducted by medical practitioners
- Creator
- Davids, Sesam Isipho
- Subject
- Euthanasia -- Law and legislation
- Subject
- Assisted suicide -- Law and legislation
- Subject
- Euthanasia -- Moral and ethical aspects
- Date Issued
- 2024-12
- Date
- 2024-12
- Type
- Master's theses
- Type
- text
- Identifier
- http://hdl.handle.net/10948/68681
- Identifier
- vital:77081
- Description
- Euthanasia remains a contentious subject of debate in countries around the world and in South Africa. The South African court system has been faced with requests for the decriminalisation of euthanasia. However, it remains illegal to practice euthanasia in South Africa. This is set by common law as there is no legislation formally regulating euthanasia. Euthanasia provides relief from suffering for patients with terminal illnesses that cause severe suffering and a decrease in their quality of life. Individual autonomy is recognised as patients are given the ability to choose how to end their lives once they make the decision to terminate their lives. In this study, an examination on physician-assisted euthanasia and its current legal position in South Africa will be conducted. Key terms are defined, such as euthanasia - distinguishing active and passive euthanasia as well as physician-assisted suicide. South African law permits the withdrawal of life-sustaining treatments which may be viewed as passive euthanasia. This is done with the consent of the patient and the medical practitioners involved are not held criminally liable should the withholding of treatment cause the death of the patient. Relevant constitutional rights will be examined to make a case for the legalisation of physician-assisted euthanasia. These rights include the right to dignity, the right to life, the right to equality, the right to freedom of religion, belief and opinion, and the limitation clause. Common law, case law and statutory law will also be considered. The recommendations of the South African Law Commission in its report (project 86) will be examined as well. An analysis will be conducted on how foreign jurisdictions have accepted physician-assisted euthanasia and implemented legislative measures to safeguard and regulate how medical practitioners practice it. Canada is an example of such a jurisdiction and an analysis has been conducted on how courts in Canada have made a case for the decriminalisation of physician-assisted euthanasia. Canadian courts relied on rights such as the right to life and freedom of opinion. viii When arguing for or against the legalisation of euthanasia, the ethical perspectives of both arguments must be considered. The ‘slippery slope’ will be discussed to demonstrate an ethical argument against euthanasia. The ethical framework of utilitarianism will be discussed as an argument for euthanasia. In line with the title of this research, the physician’s role in the process of euthanasia will also be discussed. After weighing the key arguments, this research concludes that physician-assisted euthanasia ought to be legalised in South Africa. Recommendations are further suggested on how euthanasia ought to be regulated should it be legalised. The recommendations serve as a means of addressing the possibility of abuse and illegal conduct from medical practitioners and the public. Through this study, the aim is to contribute to the debate on physician-assisted euthanasia and to advance the development of a euthanasia-related legislation in South Africa.
- Description
- Thesis (LLM) -- Faculty of Law, School of Criminal and Procedural Law, 2024
- Format
- computer
- Format
- online resource
- Format
- application/pdf
- Format
- 1 online resource (91 pages)
- Format
- Publisher
- Nelson Mandela University
- Publisher
- Faculty of Law
- Language
- English
- Rights
- Nelson Mandela University
- Rights
- All Rights Reserved
- Rights
- Open Access
- Hits: 22
- Visitors: 22
- Downloads: 1
Collections
NMU Department of Criminal and Procedural Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | DAVIDS, SI.pdf | 1013 KB | Adobe Acrobat PDF | View Details Download |