In the
last post, you learned the meaning of Right to life as a constitutional
provision and derogation therefrom. Furthermore, there is a growing opinion
that there are many other ways by which there can be derogation of right to
life outside the ambit of the Constitutional provisions. It has been suggested
that technological development should also impact on our Law.
This article
is devoted to examining the debate about the necessity of Euthanasia as derogation
from right to life.
In this
article, you should be able to state the argument for and against the existence
of Law in society, understand what euthanasia is and enable students to take
position as to the desirability or otherwise of right to die.
Definition
of Euthanasia
Euthanasia is the act and
practice of ending the life of an individual suffering from a terminal illness
or an incurable condition, as by lethal injection or the suspension of
extraordinary Medical treatment.
Meaning of Euthanasia
Euthanasia
is the intentional killing by act or omission of a dependant human being for
his or her alleged benefit.
Also read: Right to Life: Nigeria Abortion Law
Types of Euthanasia
Euthanasia
could be voluntary, involuntary Assisted Suicide or By Action or Omission.
1. Voluntary
Euthanasia: This is when the person who is
killed has requested to be killed through a living ‘Will’ or by giving power of
Attorney to a health proxy to take the decision on his/her behalf.
2. Involuntary
Euthanasia: This is a situation when the person
who is killed made an expressed wish to the contrary.
3. Assisted
Suicide: This is a situation where someone provides
an individual with the information, guidance, and means to take his or her own
life with the intention that they will be used for this purpose. When it is a
doctor who helps another person to kill himself, it is called “Physician
Assisted Suicide.”
4. Euthanasia
by Action: When a person intentionally
causes a person’s death by performing an action such as by giving a Lethal
Injection.
5. Euthanasia
by Omission: Intentionally causing death by
not providing necessaries and ordinary (usual and customary) care.
The act
or practice of painlessly terminating the life of a person. It is accepted in
some cultures.
In
Nigeria it may be treated as criminal and subject, to prosecution under the
Criminal and Penal codes.
An exception to prosecution has been developed in some jurisdictions in which the termination of the life of an incurable ill patient is no longer treated as criminal if:
• done by a
guardian or immediate family member
• After consultation
with an ethics committee of a hospital.
• Accomplished
by the negative means of withdrawing life support systems or extraordinary
medical care rather than by some affirmative act.
In other
jurisdiction like United State America, England, Canada, etc. the state is
highly involved in euthanasia cases.
The
state can specify the number of individuals that must agree for euthanasia to
be performed; the state can specify how frequently someone can sign a
euthanasia authorization. The state can also specify that only the individual
can decide.
Living
Wills are part in the legal aspect of euthanasia. A living Will expresses a
patient’s thoughts towards his/her future medical treatment. Living will allows
anyone capable of making decisions to tell the doctors beforehand that he/she
does not wish to be put on life support.
Right to Life
The
right to life asserts the sanctity of human life. The African Charter on Human
and Peoples’ Rights put it thus:
“Human
beings are inviolable. Every human being shall be entitled to respect for his
life and the integrity of his person. No one may be arbitrarily deprived of
this right”.
The
exceptions allowed by the Nigeria Constitution with regard to right to life,
amount to a serious derogation. For example, the police may, in specified
circumstances, kill in the process of arrest, of quelling a riot insurrection
or mutiny. See section 33 (2) (c) of the 1999 constitution.
Most
constitutions provide that the right to life may be derogated from where a
death sentence is imposed under due process of Law.
The
right to life has often been extended in some jurisdictions to cover “the right
to die” either by committing suicide or assisted suicide, as in voluntary
euthanasia in case of a terminally ill patient. Several organizations exist in
many parts of the world which espouse suicide and euthanasia as fundamental
rights.
Dr. Akinola Aguda expressed
this idea that Right to die is a fundamental postulate. He said suicide is an
offence which ought to be decriminalized. He asserts that suicide is a
manifestation of the illness He asked; “what does the right to life mean when
indeed he feels he will be happier if that very life is taken away from him; it
does not matter to him whether he lives or not?
Consequently, cases of
attempted suicide should not be punished; as such an action will only increase
his social depressions.
Euthanasia
similarly is a question of morality and not of Criminal Law. Thus, people
suffering from terminal diseases should in Aguda’s view have the right to end
their suffering.
Also read: Right to life Human Rights
Conclusion
on
In this article,
you have been exposed to the rudimentary aspect of Law regarding the right to
die in Nigeria. The effort here is to show that our law needs to be in tune
with developments in Science and Technology; it doesn’t have to be mechanical
or static in its approach to issues.
This
article is to be taken as a further elaboration of the concept of right to
life. The main objective is to expose you to debate about the necessity of the
law on the right to die as an entrenched provision in the Nigeria Constitution.
You have
now read both the argument for and against the provisions for the right to die.
The awareness will inform our position in future law reforms in this country or
to appeal to the brooding ‘omni spirit’ of the future for an amendment to the
provision of the right to life in our constitution and make it more expansive
enough to accommodate right to die.
Read on: Judicial Attitude to Individual or Fundamental Human Rights in Nigeria
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