Tomlinson-Online - Research Handbook on Voluntary Assisted Dying Law, Regulation and Practice

This unique Research Handbook examines voluntary assisted dying (VAD) laws through the lens of regulatory theory. It sheds light on interdisciplinary perspectives and outlines policy debates around the revision and implementation of these laws. Ben P. White brings together global experts to discuss the law and practice of VAD in all permitting jurisdictions. They explore contested questions about eligibility, including access for minors, those with mental disorders, and those who express feeling ‘tired of life’, as well as examining how best to regulate this practice. Chapters delve into case studies across the Americas and Europe of medical assistance in dying and euthanasia, addressing holistic approaches, as well as the matter of organ and tissue donation. The Research Handbook also evaluates key factors in policymaking, such as choice and autonomy, conscience, palliative care, disability rights, feminism and First Nations’ experiences. The Research Handbook on Voluntary Assisted Dying Law, Regulation and Practice is a vital resource for students and academics in human rights law and health law. Health and legal practitioners, administrators and policymakers will also greatly benefit from its breadth of insights into VAD.

Contents Preface xix 1 An introduction to voluntary assisted dying law, regulation and practice 1 Ben P. White PART I INTERNATIONAL PERSPECTIVES ON VOLUNTARY ASSISTED DYING LAW, REGULATION AND PRACTICE 2 Euthanasia and physician-assisted suicide in the Netherlands 11 Liselotte Postma, Agnes van der Heide and Bregje Onwuteaka-Philipsen 3 Euthanasia in Belgium and Luxembourg 25 Madeleine Archer, Kenneth Chambaere and Luc Deliens 4 Assisted suicide in Switzerland 47 Brigitte Tag 5 Assisted dying in Germany 58 Lutz Eidam and Sanela Starčević 6 Assisted suicide in Austria 71 Klara Doppler and Maria Kletečka-Pulker 7 Euthanasia legislation in Spain: examining law, cases, and future debates 78 Sergio Ramos Pozón 8 Medically assisted dying in Portugal 86 Sónia Fidalgo 9 Assisted suicide in Italy 93 Gianluca Montanari Vergallo, Nicola Di Fazio and Paola Frati 10 Assisted dying in the United States 102 Thaddeus Mason Pope 11 Medical assistance in dying in Canada 116 Eliana Close and Jocelyn Downie 12 Voluntary assisted dying in Australia 130 Ben P. White, Lindy Willmott, Rachel Feeney, Katherine Waller and Katrine Del Villar 13 Assisted dying in New Zealand 143 Jeanne Snelling and Jessica Young 14 Medically assisted dying in Colombia 150 Esther de Vries, Ana Isabel Gómez-Córdoba and Julieta Moreno-Molina 15 Recent developments: assisted dying in Peru, Cuba and Ecuador 161 Katrine Del Villar PART II FRONTIERS OF VOLUNTARY ASSISTED DYING LAW, REGULATION AND PRACTICE 16 Access to assisted dying on the basis of mental disorder 175 Mona Gupta 17 Access to assisted dying by minors 196 Luc Deliens, Kasper Raus, Tania Pastrana and Kenneth Chambaere 18 Between precedent autonomy and the patient’s best interests: a reasonable path for advance medical assistance in dying requests 210 Naïma Hamrouni and Jocelyn Maclure 19 Access to assisted dying for older persons on the basis of being ‘tired of life’ 228 Els Van Wijngaarden 20 Medical aid in dying, decisional capacity, and supported decision making 246 Megan S. Wright 21 Organ and tissue donation and assisted dying 260 Kim Wiebe, Fiona Slater, Vanessa Silva e Silva, Amina Silva, Ken Lotherington, Matthew J. Weiss and James Downar PART III REGULATION AND SOCIETAL CONTROL OF VOLUNTARY ASSISTED DYING 22 Holistic approaches to regulation of voluntary assisted dying 273 Ben P. White 23 Models of oversight systems to regulate assisted dying 292 Patricia Haitink and Emily Jackson 24 The role of empirical research and evaluations in regulating assisted dying 307 Kenneth Chambaere, Bregje Onwuteaka-Philipsen, Agnes van der Heide and Luc Deliens 25 Are there ‘slippery slopes’ in assisted dying? 324 James Downar PART IV RETHINKING CONCEPTIONS OF VOLUNTARY ASSISTED DYING 26 Rethinking the concept of choice in assisted dying 338 Jessica Young and Els Van Wijngaarden 27 Conscientious objection to voluntary assisted dying by health professionals 356 Lindy Willmott, Louise Keogh, Casey M. Haining, Rosalind McDougall and Ben P. White 28 Institutional refusal to permit assisted dying 371 L.W. Sumner 29 Is there a human right to assisted dying? 386 Katrine Del Villar 30 Feminist approaches to assisted dying 404 Jennifer Parks 31 Disability and medical aid in dying 418 Brent Kious and Claire Bolt 32 Assisted dying and palliative care 434 James Downar, Danielle Kain, Susan MacDonald and Sandy Buchman 33 Indigenous perspectives on regulating assisted dying: views from Canada and Australia 447 Constance MacIntosh 34 Assisted dying considerations for racially, culturally, and linguistically diverse populations 463 Cindy L. Cain 35 Social determinants of health and assisted dying with special considerations related to prisoners 475 Jessica Shaw PART V THE FUTURE OF VOLUNTARY ASSISTED DYING 36 The future of voluntary assisted dying 492 Ben P. White