Monday, February 10, 2014

A Child’s Right to Die

by Samantha Cody

A recently proposed addendum to a 2002 Belgian euthanasia bill extending euthanasia rights to children has – not surprisingly – been causing a lot of turmoil this winter. The tenets of the bill strive to broaden the array of options available to children in dire straits by allowing them the same right to die currently held by adults. The amendment to the law allows any child enduring “constant and unbearable physical suffering” and with “capacity for discernment” to make the decision, with parental consent, to end his life.  

            The basic principles of the general controversy over euthanasia rest on considerations of the rights of the two people involved: the patient, and the physician. Proponents of euthanasia back the concept on the grounds that a terminally ill patient or one enduring an inordinate amount of suffering should have the right to end their suffering in a humane, dignified manner. Opponents of the idea emphasize the role of the physician, particularly given a physician’s duty to extend the patient’s life for as long as possible, and express concern over the potential for abuse of hypothetical legislation.

            Belgium is a pioneer in euthanasia legislation amidst a host of substantially warier neighbors. The debate over the most recent amendment has sparked the attention and fervor of physicians, legislators, and religious leaders alike. Opposition to the amendment is primarily structured around concern over a child’s ability to make the decision to end his/her life. Attention has repeatedly been called to the lack of consistency in allowing children to make the decision in question while continuing to consider them legally incapable of making decisions in other areas of criminal and civil law, such as marriage. Many are also leery of how nebulously defined “capacity for discernment” is, particularly in considering whether or not a child fully understands the implications of choosing to end his/her life. A number of legislators and religious leaders believe that children will inherently be vulnerable to pressure and as such, cannot be trusted to have full autonomy of choice. Those who back the bill have been very responsive to the opposition. Many argue that given that adults are granted the right to die, it is unjust to thereby deprive another percentage of the population that right. Most supporters of the bill see it as a way of giving children compassionate options in desperate circumstances rather than forcing them into painful or unbearable circumstances, such as enduring a great amount of ineradicable suffering for lack of other options. Physicians, rather than evading the claims of the opposition that “capacity to decide” is simply too ambiguously ascertained, acknowledge the difficulty in such judgment, but claim that experience has shown that in the face of death, children can often be seen to develop an abnormal maturity and ability to reflect.

Thus far in the senate, there is an overwhelming large amount of support for the bill, with only 17 of the 71 members voting against the measure.

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