Pub Date : 2019-09-12DOI: 10.1093/oso/9780198825456.003.0002
D. Sperling
This chapter discusses the legal status of assisted suicide. It explains that the legal regulation of assisted suicide follows broad political and public debates involving concerns for the sincerity and firmness of a person's wish to die, on the one hand, and for their right to end their life with the aid of another person, on the other, especially if they suffer from terminal illness. In the past, there have been attempts to implement laws decriminalizing assisted suicide and euthanasia. This chapter discusses how, ultimately, most legal cases that discuss the legality and constitutionality of assisted suicide laws attempt to balance a person's right to autonomy, human dignity, protection of privacy, or security with the sanctity of life and the public interest in formulating safeguards against abuse.
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Pub Date : 2019-09-12DOI: 10.1093/oso/9780198825456.003.0007
Daniel Sperling
This epilogue argues that, as suicide tourism has become more popular and freely discussed in the media and in public policy circles, the coverage is not always presented in a positive light. Since such a practice is being exposed selectively, reference is made to two categories of cases. The first involves ‘celebrities’ or public figures. The second includes unfamiliar ‘ordinary’ people who suffer from grave illnesses or experience exceptional states of affairs. While suicide tourism enjoys increasing publicity and is present in public discourse and policy-making in many Western countries these days, reference to it damages its reputation and underlines a strong message that it is an unjust, expensive, eccentric procedure that has the potential for much exploitation with minimal safeguards to protect the most vulnerable people in society, especially at times and in situations when they need such protection to the full.
{"title":"Epilogue","authors":"Daniel Sperling","doi":"10.1093/oso/9780198825456.003.0007","DOIUrl":"https://doi.org/10.1093/oso/9780198825456.003.0007","url":null,"abstract":"This epilogue argues that, as suicide tourism has become more popular and freely discussed in the media and in public policy circles, the coverage is not always presented in a positive light. Since such a practice is being exposed selectively, reference is made to two categories of cases. The first involves ‘celebrities’ or public figures. The second includes unfamiliar ‘ordinary’ people who suffer from grave illnesses or experience exceptional states of affairs. While suicide tourism enjoys increasing publicity and is present in public discourse and policy-making in many Western countries these days, reference to it damages its reputation and underlines a strong message that it is an unjust, expensive, eccentric procedure that has the potential for much exploitation with minimal safeguards to protect the most vulnerable people in society, especially at times and in situations when they need such protection to the full.","PeriodicalId":205290,"journal":{"name":"Suicide Tourism","volume":"96 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115835848","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-09-12DOI: 10.1093/oso/9780198825456.003.0004
D. Sperling
This chapter addresses the morality of suicide tourism. There are three general arguments in support of suicide tourism: the argument based on the right to die; the argument based on free movement; and the argument based on humanitarian aid. Suicide tourism provides individuals with freedom and choice in exercising their right to die, which should receive greater weight than is the case under its current moral and legal standing. This chapter looks at how these advantages correspond to peoples' right to free movement which is more secured and valued in a globalized world and can also be supported by a revised—and more courageous—interpretation of the moral duty to provide humanitarian aid to citizens of less permissive states. It concludes that while the justifications for suicide tourism are powerfully convincing, those against it suffer from theoretical problems and, in some cases, cannot necessarily be supported by empirical evidence.
{"title":"The Morality of Suicide Tourism","authors":"D. Sperling","doi":"10.1093/oso/9780198825456.003.0004","DOIUrl":"https://doi.org/10.1093/oso/9780198825456.003.0004","url":null,"abstract":"This chapter addresses the morality of suicide tourism. There are three general arguments in support of suicide tourism: the argument based on the right to die; the argument based on free movement; and the argument based on humanitarian aid. Suicide tourism provides individuals with freedom and choice in exercising their right to die, which should receive greater weight than is the case under its current moral and legal standing. This chapter looks at how these advantages correspond to peoples' right to free movement which is more secured and valued in a globalized world and can also be supported by a revised—and more courageous—interpretation of the moral duty to provide humanitarian aid to citizens of less permissive states. It concludes that while the justifications for suicide tourism are powerfully convincing, those against it suffer from theoretical problems and, in some cases, cannot necessarily be supported by empirical evidence.","PeriodicalId":205290,"journal":{"name":"Suicide Tourism","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130628431","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-09-12DOI: 10.1093/oso/9780198825456.003.0006
D. Sperling
This chapter provides an empirical analysis of suicide tourism. It includes extracts of interviews with key stakeholders in the field of assisted suicide from around Europe. In many countries, there have been legal and public proceedings discussing end-of-life issues (notably assisted suicide), accompanied by varied media coverage of stories of suicide tourism. In some cases, for example Canada, suicide tourism was a social phenomenon that the legislator wanted to prevent while legalizing assisted suicide. In others, especially the UK and Germany, suicide tourism was referred to by opponents or supporters of proposed laws to legalize or criminalize assisted suicide. This chapter reflects on the fact that, despite these proceedings and the many arguments raised by campaigners to change existing prohibitions against assisted suicide in countries of origin, the law in these countries has not changed, and in some cases its position on assisted suicide has become more prohibitive.
{"title":"Empirical Analysis of Suicide Tourism","authors":"D. Sperling","doi":"10.1093/oso/9780198825456.003.0006","DOIUrl":"https://doi.org/10.1093/oso/9780198825456.003.0006","url":null,"abstract":"This chapter provides an empirical analysis of suicide tourism. It includes extracts of interviews with key stakeholders in the field of assisted suicide from around Europe. In many countries, there have been legal and public proceedings discussing end-of-life issues (notably assisted suicide), accompanied by varied media coverage of stories of suicide tourism. In some cases, for example Canada, suicide tourism was a social phenomenon that the legislator wanted to prevent while legalizing assisted suicide. In others, especially the UK and Germany, suicide tourism was referred to by opponents or supporters of proposed laws to legalize or criminalize assisted suicide. This chapter reflects on the fact that, despite these proceedings and the many arguments raised by campaigners to change existing prohibitions against assisted suicide in countries of origin, the law in these countries has not changed, and in some cases its position on assisted suicide has become more prohibitive.","PeriodicalId":205290,"journal":{"name":"Suicide Tourism","volume":"140 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121418909","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-09-12DOI: 10.1093/oso/9780198825456.003.0005
D. Sperling
This chapter explores some of the major political-philosophical justifications for and against state interference in suicide tourism. These are divided into five main arguments from the perspective of the state in which assisted suicide is illegal: the idea of state sovereignty; global justice and moral particularism; cosmopolitanism and moral universalism; inter-state moral pluralism; and the notion of common ownership. While these arguments do not necessarily rely on the morality of suicide tourism, their overall evaluation reveals that there are prima facie good reasons against state intervention or for the adoption of a neutral view towards permissive countries. The discussion in this chapter concludes that although there are relatively weak justifications for state intervention in suicide tourism, there are strong justifications for non-intervention.
{"title":"Political-Philosophical Analysis of Suicide Tourism","authors":"D. Sperling","doi":"10.1093/oso/9780198825456.003.0005","DOIUrl":"https://doi.org/10.1093/oso/9780198825456.003.0005","url":null,"abstract":"This chapter explores some of the major political-philosophical justifications for and against state interference in suicide tourism. These are divided into five main arguments from the perspective of the state in which assisted suicide is illegal: the idea of state sovereignty; global justice and moral particularism; cosmopolitanism and moral universalism; inter-state moral pluralism; and the notion of common ownership. While these arguments do not necessarily rely on the morality of suicide tourism, their overall evaluation reveals that there are prima facie good reasons against state intervention or for the adoption of a neutral view towards permissive countries. The discussion in this chapter concludes that although there are relatively weak justifications for state intervention in suicide tourism, there are strong justifications for non-intervention.","PeriodicalId":205290,"journal":{"name":"Suicide Tourism","volume":"174 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123567895","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-09-12DOI: 10.1093/oso/9780198825456.003.0003
D. Sperling
This chapter examines the alternatives that countries of origin and countries where assisted suicide is legal may exercise with regard to suicide tourism. Specifically, it considers whether actions to limit or prohibit travel for assisted suicide or access to it within a person’s home country can be legally valid. On the one hand, legally restricting access to assisted suicide to residents only or to patients who have had a long-standing relationship with prescribing doctors suffers from much criticism and is difficult to justify. On the other hand, from the perspective of countries of origin, it is difficult and inappropriate to apply the doctrine of extraterritorial jurisdiction to the criminality of assisted suicide. The chapter also considers the strength of other suggestions in relation to international law, particularly the idea of ‘soft law’ regulation of the practice.
{"title":"The Legality of Suicide Tourism","authors":"D. Sperling","doi":"10.1093/oso/9780198825456.003.0003","DOIUrl":"https://doi.org/10.1093/oso/9780198825456.003.0003","url":null,"abstract":"This chapter examines the alternatives that countries of origin and countries where assisted suicide is legal may exercise with regard to suicide tourism. Specifically, it considers whether actions to limit or prohibit travel for assisted suicide or access to it within a person’s home country can be legally valid. On the one hand, legally restricting access to assisted suicide to residents only or to patients who have had a long-standing relationship with prescribing doctors suffers from much criticism and is difficult to justify. On the other hand, from the perspective of countries of origin, it is difficult and inappropriate to apply the doctrine of extraterritorial jurisdiction to the criminality of assisted suicide. The chapter also considers the strength of other suggestions in relation to international law, particularly the idea of ‘soft law’ regulation of the practice.","PeriodicalId":205290,"journal":{"name":"Suicide Tourism","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122474260","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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