Assisted suicide is suicide undertaken with the aid of another person. The term usually refers to physician-assisted suicide (PAS), which is suicide that is assisted by a physician or another healthcare provider. Once it is determined that the person's situation qualifies under the physician-assisted suicide laws for that location, the physician's assistance is usually limited to writing a prescription for a lethal dose of drugs.
The right to die is a concept based on the opinion that human beings are entitled to end their life or undergo voluntary euthanasia. Possession of this right is often understood that a person with a terminal illness, incurable pain, or without the will to continue living, should be allowed to end their own life, use assisted suicide, or to decline life-prolonging treatment. The question of who, if anyone, may be empowered to make this decision is often the subject of debate.
Measure 16 of 1994 established the U.S. state of Oregon's Death with Dignity Act, which legalizes medical aid in dying with certain restrictions. Passage of this initiative made Oregon the first U.S. state and one of the first jurisdictions in the world to permit some terminally ill patients to determine the time of their own death.
Cruzan v. Director, Missouri Department of Health, 497 U.S. 261 (1990), was a landmark decision of the Supreme Court of the United States involving a young adult incompetent. The first "right to die" case ever heard by the Court, Cruzan was argued on December 6, 1989, and decided on June 25, 1990. In a 5–4 decision, the Court affirmed the earlier ruling of the Supreme Court of Missouri and ruled in favor of the State of Missouri, finding it was acceptable to require "clear and convincing evidence" of a patient's wishes for removal of life support. A significant outcome of the case was the creation of advance health directives.
Suicide is a crime in some parts of the world. However, while suicide has been decriminalized in many western countries, the act is stigmatized and discouraged. In other contexts, suicide could be utilized as an extreme expression of liberty, as is exemplified by its usage as an expression of devout dissent towards perceived tyranny or injustice which occurred occasionally in cultures such as ancient Rome, medieval Japan, or today's Tibet Autonomous Region.
Washington v. Glucksberg, 521 U.S. 702 (1997), was a landmark decision of the U.S. Supreme Court, which unanimously held that a right to assisted suicide in the United States was not protected by the Due Process Clause.
Wesley J. Smith is an American lawyer and author, a Senior Fellow at the Discovery Institute's Center on Human Exceptionalism, a politically conservative, pseudoscientific, non-profit think tank. He is also a consultant for the Patients Rights Council. Smith is known for his criticism of animal rights, environmentalism, assisted suicide and utilitarian bioethics. He is also the host of the Humanize podcast.
Euthanasia is currently illegal in all 50 states of the United States. Assisted suicide is legal in 10 jurisdictions in the US: Washington, D.C. and the states of California, Colorado, Oregon, Vermont, New Mexico, Maine, New Jersey, Hawaii, and Washington. The status of assisted suicide is disputed in Montana, though currently authorized per the Montana Supreme Court's ruling in Baxter v. Montana that "nothing in Montana Supreme Court precedent or Montana statutes [indicates] that physician aid in dying is against public policy."
Vacco v. Quill, 521 U.S. 793 (1997), was a landmark decision of the Supreme Court of the United States regarding the right to die. It ruled 9–0 that a New York ban on physician-assisted suicide was constitutional, and preventing doctors from assisting their patients, even those terminally ill and/or in great pain, was a legitimate state interest that was well within the authority of the state to regulate. In brief, this decision established that, as a matter of law, there was no constitutional guarantee of a "right to die."
The legality of euthanasia varies depending on the country. Efforts to change government policies on euthanasia of humans in the 20th and 21st centuries have met limited success in Western countries. Human euthanasia policies have also been developed by a variety of NGOs, most notably medical associations and advocacy organizations. As of 2023, euthanasia is legal in Belgium, Canada, Colombia, Luxembourg, the Netherlands, New Zealand, Portugal, Spain and all six states of Australia. Euthanasia was briefly legal in the Northern Territory between 1996 and 1997, but was overturned by a federal law. In 2021, a Peruvian court allowed euthanasia for a single person, Ana Estrada.
Kathryn Tucker is an American attorney and the executive director of the End of Life Liberty Project, which she founded during her tenure as executive director of the Disability Rights Legal Center. This appointment to the DRLC was opposed by every other major disability rights group and has since been terminated. She graduated from Georgetown University Law Center in 1985 and Hampshire College in 1981. Tucker has been an adjunct law professor at Lewis and Clark School of Law, Seattle University the University of Washington, Loyola/LA and Hastings. Beginning in 1990, while an attorney at the Seattle firm of Perkins Coie, she did pro bono work for Washington Citizens for Death with Dignity, which led her into the movement to legalize physician assisted suicide.
Initiative 1000 (I-1000) of 2008 established the U.S. state of Washington's Death with Dignity Act, which legalizes medical aid in dying with certain restrictions. Passage of this initiative made Washington the second U.S. state to permit some terminally ill patients to determine the time of their own death. The effort was headed by former Governor Booth Gardner.
Assisted suicide is suicide with the aid of another person. In the United States, the term "assisted suicide" is typically used to describe what proponents refer to as medical aid in dying, in which terminally ill adults are prescribed and self-administer barbiturates if they feel that they are suffering significantly. The term is often used interchangeably with physician-assisted suicide (PAS), "physician-assisted dying", "physician-assisted death", "assisted death" and "medical aid in dying" (MAiD).
Euthanasia in Canada in its legal voluntary form is called medical assistance in dying (MAiD) and it first became legal along with assisted suicide in June 2016 to allow terminally ill adults to control their deaths. In March 2021, the law was further amended by Bill C-7 which permits assisted euthanasia in additional situations, including for people with disabilities and chronic diseases. In 2021, more than 10,000 people died by euthanasia in Canada.
Joseph James Arvay, was a Canadian lawyer who argued numerous landmark cases involving civil liberties and constitutional rights.
Gloria Taylor was a Canadian who was an advocate of medically-assisted dying and suffered from Amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig's disease. Taylor began to experience the early symptoms of ALS in 2003. A neurologist diagnosed her disease in 2009.
Carter v Canada (AG), 2015 SCC 5 is a landmark Supreme Court of Canada decision where the prohibition of assisted suicide was challenged as contrary to the Canadian Charter of Rights and Freedoms ("Charter") by several parties, including the family of Kay Carter, a woman suffering from degenerative spinal stenosis, and Gloria Taylor, a woman suffering from amyotrophic lateral sclerosis ("ALS"). In a unanimous decision on February 6, 2015, the Court struck down the provision in the Criminal Code, thereby giving Canadian adults who are mentally competent and suffering intolerably and enduringly the right to a doctor's assistance in dying. This ruling overturned the Supreme Court's 1993 ruling in Rodriguez v British Columbia (AG), which had denied a right to assisted suicide.
Act 39 of 2013 established the U.S. state of Vermont's Patient Choice and Control at End of Life Act, which legalizes medical aid in dying with certain restrictions. Vermont was the first state to enact this Law through legislative action; it permits some terminally ill patients to determine the time of their own death.
California End of Life Option Act is a law enacted in June 2016 by the California State Legislature which allows terminally ill adult residents in the state of California to access medical aid in dying by self-administering lethal drugs, provided specific circumstances are met. The law was signed in by California governor Jerry Brown in October 2015, making California the fifth state to allow physicians to prescribe drugs to end the life of a terminally ill patient, often referred to as physician-assisted suicide.
Planned Parenthood v. Rounds, 686 F.3d 889, is an Eighth Circuit decision addressing the constitutionality of a South Dakota law which forced doctors to make certain disclosures to patients seeking abortions. The challenged statute required physicians to convey to their abortion-seeking patients a number of state-mandated disclosures, including a statement that abortions caused an "[i]ncreased risk of suicide ideation and suicide." Planned Parenthood of Minnesota, North Dakota, South Dakota, along with its medical director Dr. Carol E. Ball, challenged the South Dakota law, arguing that it violated patients' and physicians' First Amendment free speech rights and Fourteenth Amendment due process rights. After several appeals and remands, the Eighth Circuit, sitting en banc, upheld the South Dakota law, holding that the mandated suicide advisement was not "unconstitutionally misleading or irrelevant," and did "not impose an unconstitutional burden on women seeking abortions or their physicians." This supplemented the Eighth Circuit's earlier rulings in this case, where the court determined that the state was allowed to impose a restrictive emergency exception on abortion procedures and to force physicians to convey disclosures regarding the woman's relationship to the fetus and the humanity of the fetus.
