Netherlands addressing end of life issues: If
you're dying and Dutch, you're not much
On Tuesday, April 10, 2001, the Netherlands' Senate voted 46-28
to legalize euthanasia. This vote made the Netherlands the only
country in the world to legalize euthanasia, which they have tolerated
since it was decriminalized in 1973 by a Dutch court
1.
The Senate passed the legislation, which is likely to take effect
soon in spite of thousands of protesters who pleaded that life be
respected. The law is a part of the continuing trend in the Netherlands
to tolerate euthanasia.
The law states that in order for the doctor's actions to be legal
they must:
be convinced the patient's request was voluntary, well-considered
and lasting
be convinced the patient was facing unremitting and unbearable
suffering
have informed the patient about their situation and prospects
have reached the firm conclusion with the patient that there
was no reasonable alternative solution
have consulted at least one other independent physician, who
has examined the patient and formed a judgment about the above points
terminate the life in a medically appropriate fashion
Before this law, euthanasia wasn't permitted by law, but doctors
could use a standard defense in the Dutch courts and not have to
serve prison time. Dutch doctors wouldn't get prosecuted if they
met the requirements published by the Royal Dutch Medical Association.
These requirements were similar to the current requirements of the
new law.
Doctors have often found loopholes in these requirements that allowed
them to euthanize patients who weren't really terminally ill. One
of these loopholes was a Dutch Supreme Court ruling in 1993 that
psychiatric reasons, such as depression, can be considered grounds
for euthanasia. This ruling came in a case where a severely depressed
woman, who had lost her two daughters, wanted to commit suicide
2. Instead
of trying to work through and overcome her suicidal thoughts, her
psychiatrist met with her 4 times in 5 weeks and then provided assistance
so that she could end her life.
The viewpoint that preciousness of life ends when pain or abnormalities
enter the picture, has led the Netherlands down the slippery slope
of euthanasia. Dutch doctors first euthanized only terminally ill
patients, but now doctors are allowed to terminate the lives of
infants and depressed people, not to mention disabled individuals
or brain damaged comatose patients 3.
This law is especially troubling when alternatives to euthanasia,
such as palliative care, can be considered. Palliative care focuses
on caring for the individual at the end of life and working to make
the remainder of their life as comfortable as possible. The discussion
on improving palliative care is often placed on the back burner
while efforts to increase the number of patients who are eligible
for euthanasia is placed in the forefront. This is a way for medical
professionals to escape from actually caring for the needs of patients
who are suffering from physical and mental anguish.
Right to Life of Michigan's Educational Resource Centers have a
variety of materials available on end of life issues. Brochures
and pamphlets regarding the fallacies of pro-euthanasia arguments,
pain management, and Oregon's assisted suicide policy are available.
Also a variety of books and videos about different end of life issues
can be borrowed for group discussions, research projects or for
those interested in learning more about end of life issues.
____________________________________
References:
1 Jay Branegan, Time, 3/17/97, p. 30.
2 New York Times, 4/5/93, p. A3, and Washington
Times, 4/22/93, A2.
3 Herman van der Kolk, "Euthanasia the Progressive
Undermining of Legal Protection for Human Life," Conference
98: Human Rights and Abortion and Euthanasia.
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