Inequity of access to voluntary assisted dying for New Zealand citizens residing permanently in Australia

IF 6.7 2区 医学 Q1 MEDICINE, GENERAL & INTERNAL Medical Journal of Australia Pub Date : 2024-11-06 DOI:10.5694/mja2.52519
Christopher J Barlow
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Abstract

To the Editor: Recently, I had the privilege of providing end-of-life care for a remarkable man who had contributed a great richness to the cultural life of Australia. A New Zealander by birth, he came to Australia as a young man and over the subsequent four decades, built a life in Victoria. He had witnessed both good and bad deaths; a brother had died uncomfortably following an aspiration, whereas his mother had “a beautiful dying”, her suffering eased with a morphine infusion. We shared a wonderful conversation as this articulate and thoughtful man reflected on these deaths and how they guided his thoughts as he considered his own. He valued both his dignity and the impact that the manner of his death would have on those he would leave behind, and had sought out assisted dying so that he could die on his own terms.

Voluntary assisted dying (VAD) involves medical assistance to end life when the suffering from a terminal disease becomes intolerable. In Victoria,1 South Australia2 and Western Australia,3 eligibility for VAD is restricted to Australian citizens and permanent residents.4 The intended purpose of this restriction is to prevent patients travelling to access VAD.5 However, the consequence of this legislative language is to deny access to New Zealanders who have substantive connection to Australia, and who otherwise enjoy many of the rights and obligations of Australian citizens. New Zealand citizens are entitled to live, work and freely access most government benefits (including Medicare) in Australia, and so may choose to not apply for citizenship. As of 2023, there were 598 000 New Zealanders residing in Australia,6 many of whom are not eligible for VAD by circumstances of their Australian residency alone. If they remained in New Zealand, they would be entitled to access VAD there.7

This was the case for my patient, who discovered his ineligibility too late in his disease process. Although palliative care gave him a relatively quick and comfortable death, it did not give him a death on his own terms. Although I recognise the value of preventing medical tourism for the purpose of VAD, the current requirement is unnecessarily restrictive and the law, as it stands in Victoria, is unjust. The more nuanced approach taken in other states, which requires three years of residency, would remedy this inequity.

The family of the patient reviewed this letter and provided written consent for publication.

No relevant disclosures.

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永久居住在澳大利亚的新西兰公民在获得自愿协助死亡方面的不平等。
致编辑:最近,我有幸为一位杰出的人提供临终关怀,他为澳大利亚的文化生活做出了巨大的贡献。他出生在新西兰,年轻时来到澳大利亚,在随后的四十年里,在维多利亚州建立了自己的生活。他目睹了好的和坏的死亡;一个兄弟因误吸而痛苦地死去,而他的母亲则“美丽地死去”,她的痛苦在注射吗啡后得到缓解。我们进行了一场精彩的对话,这位口齿清晰、深思熟虑的人反思了这些死亡,以及这些死亡如何引导他思考自己的问题。他既重视自己的尊严,也重视他的死亡方式对他身后的人的影响,并寻求协助死亡,这样他就可以按照自己的方式死去。自愿协助死亡(VAD)是指当身患绝症的人无法忍受时,通过医疗援助来结束生命。在维多利亚州、南澳大利亚州和西澳大利亚州,VAD的资格仅限于澳大利亚公民和永久居民这一限制的预期目的是防止患者前往访问vad。5然而,这种立法语言的后果是拒绝与澳大利亚有实质性联系的新西兰人进入,并且他们在其他方面享有澳大利亚公民的许多权利和义务。新西兰公民有权在澳大利亚生活、工作和自由享受大多数政府福利(包括医疗保险),因此可以选择不申请公民身份。截至2023年,有59.8万新西兰人居住在澳大利亚,6其中许多人仅仅因为在澳大利亚居住而没有资格获得VAD。如果他们留在新西兰,他们将有权获得那里的VAD。我的病人就是这种情况,他在发病过程中发现自己的残疾太晚了。虽然姑息治疗让他相对迅速而舒适地死去,但它并没有让他按照自己的意愿死去。虽然我认识到以VAD为目的防止医疗旅游的价值,但目前的要求是不必要的限制,而且维多利亚州的法律是不公正的。其他州采取了更为细致的方法,要求居住三年,这将弥补这种不平等。患者家属审阅了这封信,并提供了发表的书面同意。无相关披露。
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来源期刊
Medical Journal of Australia
Medical Journal of Australia 医学-医学:内科
CiteScore
9.40
自引率
5.30%
发文量
410
审稿时长
3-8 weeks
期刊介绍: The Medical Journal of Australia (MJA) stands as Australia's foremost general medical journal, leading the dissemination of high-quality research and commentary to shape health policy and influence medical practices within the country. Under the leadership of Professor Virginia Barbour, the expert editorial team at MJA is dedicated to providing authors with a constructive and collaborative peer-review and publication process. Established in 1914, the MJA has evolved into a modern journal that upholds its founding values, maintaining a commitment to supporting the medical profession by delivering high-quality and pertinent information essential to medical practice.
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