Elder Law - Voluntary Assisted Dying Assignment Sample

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Elder Law - Voluntary Assisted Dying

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Introduction

The legal system is a broad analytical framework that gives the right to every individual to take care and cognizance of their rights. The legal system in Australia encompasses every possible right that affects the rights and life patterns of individuals. This includes "Freedom from discrimination", "Right to equality between men and women", "Right to life", "Freedom from torture", "Freedom from slavery", "Right to liberty and security of person", "Right to be treated with humanity in detention", and "Freedom of movement" and others[1]. Thus each of these basic rights governs pivotal aspects that impact human lives. The "right to life" is an essential component of life that takes cognizance of pivotal aspects such as not to initiate forced deprivation of life. It also includes the duty of the government to initiate proper administrative measures to protect life and prevent adverse conditions. These rights also pave the demand for criminalizing the unlawful killings of people to restore safety in the governing ambience of lives. This also forced the Australian government to restore proper measures to remove the health penalty from criminal laws[2]. However, the rights that state the absolute guarantee of life should also take cognizance by those who want to liberate themselves from life. This comes under an important aspect of life. There are people who are facing intricate turmoils in their lives that are making issues in the regular sustenance of their lives. This explorative research has been projected from the perspective of providing "the remedy to end one`s life through proper medical drug usage".

Position

This research has been projected from the positive side for providing the remedies to end one life through the administration of medical drugs. The need of providing this right is fundamental for maintaining the equality approach to the legal parameters in the constitutional fabric of the country. "Right to die" or ending one life is a fundamental right that provides the right of ”voluntary euthanasia"[3]. This takes place through ethical government permission extracted for this purpose. This right emerges from the underpinning need to end one life who is suffering from incurable diseases, long term ailments. This also extends to and is applicable to those who are suffering from long term "life sustaining treatments". This includes "Cardiopulmonary resuscitation", "Artificial hydration and nutrition", "Artificial ventilation Antibiotics", "Blood transfusions". During the pandemic situation, it was immensely witnessed that people suffered immensely from the infection that created issues in life sustenance. there were many patients who were living alienated after the pandemic, who themselves might be prone to deadly and incurable diseases. They might have no one to take care of them. Thus the law that safeguards and guarantees the right of everyone, fails to deliver promising results in this direction. Thus this gap in the right can be effectively mitigated through the proper use of laws and drafting of euthanasia laws in the Australian context[4]. The argument for this law also arises on account of the cast that if one has the absolute right to live, then he should also possess the right to terminate his life at his own will. The government should constructively aid and provide effective support to the people in these essential parameters. Death is also considered a natural process, hence no law should restrict the same if one wants to embrace it at their own will. The "right to life" also encompasses the "right to privacy". Thus what one does in their personal space is of no concern. In a similar manner if one decides to end and voluntarily terminate one's life. Then it should be of no one's concern either. The incidence of suicide can automatically be curbed and eliminated if justifies gender laws pertaining to the pivotal domains of euthanasia are legalised.

The above diagrammatic representation reflects the increasing number of suicide cases in the domains of Australia[5]. Thus appropriate legal intervention through the administering of effective laws is needed to reduce the trend and mentality of devising adverse modes to end one's life. This can be attained if justified laws are made and drafted through proper constitutional intervention. every year statistically the incidence of suicide through adverse modes is taking the lives of millions of people across the length and breadth of the country. Thus proper incorporation of euthanasia laws is fundamental to reducing the adverse self killing of people and promotes a regulatory mode of self termination to the lives. This can help the governmental authorities to reduce their life optimize the lives of people. Theological and religious aspects of self killings are also different across the domains of religions. Thus for the fabrication of national policies and laws, these vast differences should be taken into consideration. Euthanasia can also act as a pivotal measure when all the last resort is proving disadvantageous. This can act as a remedial measure for the patient to overcome issues pertaining to lifelong suffering. This can help the patient group to get the pain curtailed by ending their life respective if the patient becomes unbearable. In the case of patients suffering from complex medical ailments, and disorders such as cancer the pain experienced by them from the chemotherapy becomes unbearable. In those pivotal spaces legalizing the self-killing laws can help to overcome these issues.

The right to terminate one life should be a voluntary right and the government should actively contribute to the right by developing proper ambience for this purpose. Regularising the laws for euthanasia can amplify greater control over life. The pivotal aspects pertaining to the caregiver's guilt can be automatically mitigated through "Voluntary Assisted Dying"[6]. This can be invited by administering doses of drugs to the patients with the aid of medical practitioners. Caregivers' guilt is witnessed among the patients who cannot give away the responsibility and burden to take care of the patients but are forced to do the same due to their illness. In some cases and across certain countries it has been witnessed that the legal requirement is mandatory for taking consent for terminating one's life. However, in the case of mentally unstable patients, this creates issues as they cannot provide consent in a proper sense to terminate their life. On the contrary, doing the same might be pivotal to liberating them from the shackles of suffering. Thus major reforms are needed to initiate robust modification into the present legal framework to incorporate necessary modifications and changes. Legalizing the voluntary termination of life can also reduce the chances of misuse of the laws developed for the purpose.

One of the major arguments in favour of drafting euthanasia laws is that death is an essential part of life. Hence, it is going to occur in one form or through another form. Thus developing separate laws for this purpose can reduce the ailments and suffering of certain people by curtailing their suffering phase through approved medical administration. "Voluntary Assisted Dying" can also help to reduce the burden of unwanted medical expenses. It can help to overcome the health issue in case of long term suffering from complex health ailments. Hence it can be proposed effectively that euthanasia laws have to be developed and the necessary proposal has to be reincorporated into the constitutional fabric of the Australian government to remove people from the long-term suffering phase. There are innumerable positive aspects to legalizing this "Voluntary Assisted Dying". One of the major positive aspects of this proposal is for eliminating the increasing tendencies of suicidal cases through adverse measures. The proposal can contain a necessary provision that can help to reduce the incidence of misuse of this law such as regularising and administering the laws only if the patient is ill for a long term duration and major treatment has been unable to deliver promising results.

In the present scenario, "VAD" has been made legal to a certain extent, however more effective proposals need to be implemented to optimise and streamlined the situation. This can be done by the effective integration of proposals into the panel of medical practitioners who are bestowed with these responsibilities to drug administering. The provision should make provisions for patients to be adults to be able to take valuable decisions pertaining to their health. the majority of age and its effective incorporation into the provision will help to table the consent related matters[7]. Incorporating the recommendation of a panel of medical practitioners before administering drugs to patients can be an effective proposal for legal reforms. These medical experts can conduct an effective test and medical examination on the patient to assess their present health status. It can also be effectively determined through the test whether the drugs that are administered are able to address the health parameters or not. The panel of medical practitioners can then give their final report. Another major proposal to be incorporated into the legal framework would be to assess whether the patient has been subjected to long term ailments and pain. The medical report that will be extracted from the medical professional can be used to ideate these essential parameters. This can also help to devise an appropriate course of action for voluntarily terminating the life of people. The test reports can also act as a pivotal measure of evidentiary support for stating the ethical approval of the patients.

Discussion

In the present scenario, the Australian government has started initiating "voluntary assisted dying" with major conditions that necessitates that the majority of age, need being proper residents in NSW for a period of 12 months. The condition also stipulates the presence of long term illness and the highest probability of death within 6 months. More focus on the proposal has been provided on the effective communication and valued consent of the patients to take these decisions. The need to effectively support these VAD decisions can be ideate through the case scenario of "H Ltd v J". J was then patient of the case who was suffering from polio since childhood days. The patient was majority suffering from post polio syndrome along with type 1 diabetes. J has been subjected to diabetic insulin for a longer duration. Owing to the insulin administration, there was a high chance of falling into the clutches of the diabetic comma. This could deteriorate the condition of J more than it was at that moment. The medical reports and series of examinations conducted on her revels the fact that her condition was degrading considerably with each passing day. J was forced to restore to wheelchairs to do the necessary body movements and was fully under the control of the healthcare professionals.

J was also not able to change her position and was majorly bedridden most of the time. J was also dependent on the health care professionals to go up not the washroom for the daily routines. Thus she was a major force to make an anticipatory intention to give up food and water to end her life to be able to liberate herself from these inhuman sufferings. She also appointed her enduring guardians to refuse her intake of food and other essentials to shorten her life span. However, a major conflict of interest developed in the case when the Commonwealth argued that these anticipatory declarations went against the "Quality of Care Principles" as enshrined in the "Aged Care Act 1997". The act mandates the obligation on the part of healthcare providers to provide necessary health and nutritious food and health supplements to ailing patients. Thus the above demands were in total contradiction to the relevant provisions of the "Aged Care Act 1997"[8]. The act states that old and ailing patients are subjected to quality care services and to ”equitable palliative care" for effectively nurturing their lives. Integrated support services are to be provided to the residents suffering from the diseases. in the present scenario in the case of Liz Tower and Alex Blain, this VAD has started penetrating the Australian context. However, more pivotal operations need to be integrated by the government in this respect. Proper outreach services are also to be administered to the patients as per the provision of this act. The act also mandates the use of trained professionals to deliver promising results for high-standardised services to the commoners.

The above diagrammatic representation projects the dominant areas of operation for the governing act across vivid parts of the Australian context. The act is mainly for restoring the proper health and lifestyle of old and ill patients. However, in the case of the above-mentioned case synopsis, the act does not contain any remedial measures for overcoming the suffering of aged people and patients who cannot be restored to normal condition through any medication and treatment. Different other cases similar to "H Ltd v J" such as "Messiha v South East Health", "Hunter and New England Area Health Service v A" might develop in the near future that can ultimately pave the need for "voluntary assisted dying" due to more complex health issues among the patients. Hence uniform legislation should be thoroughly be implemented across the Australian content in all jurisdictions. This could be done by using effective medical drugs under the direct voluntary supervision of medical health experts[10]. Major support for this VAD might be provided due to its ability to liberate the suffering from long term ailments. These people who might not have the necessary financial; resources to take care of the long medical treatment, might fell extremely difficult to sustain their lives. They might not have anyone to look after them[11]. Hence in those cases, legalizing the VAD through appropriate constitutional modification might be effective. Thus, VAD should be effectively supported across the jurisdiction of Australia more progressively.

Conclusion

The right to die should be declared more progressively if the right to live is essentially guaranteed by the Australian constitution. In the case of patients suffering from long term ailments, this right serves as a pivotal ray of hope. The broad spectrum, of this research, places the spotlight on the analysis of the suffering that can occur if this right is not properly legalised through constitutional amendments. This can act as a major safeguard for protecting the rights of liberty of people. Hence if the right to life is essentially guaranteed then the right to voluntary terminate the life should also be provided by the governate properly. In the recent scenario, Liz Tower and Alex Blain have been one of the focuses for the VAD's popularity in the Australian context. However, a more effective need for legalizing this concept via the proposal of laws is needed to overcome the confrontation with major governing acts such as "Aged Care Act 1997". This can help to overcome the impact of absolute stigmatization in case any chooses to restore the VAD through administering drugs under medical supervision. The study includes diagrammatic representation that shows the increasing trend of suicidal incidents by adverse means. These can be reduced through legalizing and enactment of this law. This can help to overcome issues pertaining to complex medical illness and its allied suffering.

References

"Data From Suicide Registers - Australian Institute Of Health And Welfare", Australian Institute Of Health And Welfare (Webpage, 2022) <https://www.aihw.gov.au/suicide-self-harm-monitoring/data/suspected-deaths-by-suicide/data-from-suicide-registers>
"End Of Life Law - Voluntary Assisted Dying - Factsheet", Eldac.Com.Au (Webpage, 2022) https://www.eldac.com.au/tabid/5757/Default.aspx
"House Of Representatives Committees", Aph.Gov.Au (Webpage, 2022) https://www.aph.gov.au/parliamentary_business/committees/house_of_representatives_committees?url=/laca/constitutionalreform/report/chapter6.pdf
"Human Rights In Australia | Australian Human Rights Commission", Humanrights.Gov.Au (Webpage, 2022) https://humanrights.gov.au/our-work/education/human-rights-australia
"National Disability Insurance Scheme (Code Of Conduct) Rules 2018", Legislation.Gov.Au (Webpage, 2022) https://www.legislation.gov.au/Details/F2018L00629
(Webpage, 2022) <https://www.ag.gov.au/rights-and-protections/human-rights-and-anti-discrimination/human-rights-scrutiny/public-sector-guidance-sheets/right-life#:~:text=Australia%20is%20a%20party%20to,Second%20Optional%20Protocol%20to%20ICCPR.>
(Webpage, 2022) <https://www.agedcarequality.gov.au/providers/standards/legislation>
(Webpage, 2022) https://www.ag.gov.au/rights-and-protections/human-rights-and-anti-discrimination/human-rights-protections
(Webpage, 2022) https://www.agedcarequality.gov.au/providers
(Webpage, 2022) https://www.health.gov.au/health-topics/aged-care/about-aged-care/aged-care-laws-in-australia
Kresin, Tracee et al, "Attitudes And Arguments In The Voluntary Assisted Dying Debate In Australia: What Are They And How Have They Evolved Over Time?" (2021) 18(23) International Journal of Environmental Research and Public Health
[1] "Human Rights In Australia | Australian Human Rights Commission", Humanrights.Gov.Au (Webpage, 2022) <https://humanrights.gov.au/our-work/education/human-rights-australia>.
[2] (Webpage, 2022) <https://www.ag.gov.au/rights-and-protections/human-rights-and-anti-discrimination/human-rights-protections>.
[3] "House Of Representatives Committees", Aph.Gov.Au (Webpage, 2022) <https://www.aph.gov.au/parliamentary_business/committees/house_of_representatives_committees?url=/laca/constitutionalreform/report/chapter6.pdf>.
[4] (Webpage, 2022) <https://www.ag.gov.au/rights-and-protections/human-rights-and-anti-discrimination/human-rights-protections>.
[5] "Data From Suicide Registers - Australian Institute Of Health And Welfare", Australian Institute Of Health And Welfare (Webpage, 2022) <https://www.aihw.gov.au/suicide-self-harm-monitoring/data/suspected-deaths-by-suicide/data-from-suicide-registers>.
[6] "End Of Life Law - Voluntary Assisted Dying - Factsheet", Eldac.Com.Au (Webpage, 2022) <https://www.eldac.com.au/tabid/5757/Default.aspx>.
[7] "National Disability Insurance Scheme (Code Of Conduct) Rules 2018", Legislation.Gov.Au (Webpage, 2022) <https://www.legislation.gov.au/Details/F2018L00629>.
[8] (Webpage, 2022) <https://www.health.gov.au/health-topics/aged-care/about-aged-care/aged-care-laws-in-australia>.
[9] (Webpage, 2022) <https://www.agedcarequality.gov.au/providers>.
[10] (Webpage, 2022) <https://www.agedcarequality.gov.au/providers/standards/legislation>.
[11] Tracee Kresin et al, "Attitudes And Arguments In The Voluntary Assisted Dying Debate In Australia: What Are They And How Have They Evolved Over Time?" (2021) 18(23) International Journal of Environmental Research and Public Health.