Dignity in death and physician-administered euthanasia: the South African journey so far and likely journey in future.
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Date
2021
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Abstract
Although the acceptance of physician assisted suicide and euthanasia has gained acceptance in
some countries with different safeguards, it is still not accepted in South Africa either by
omission or commission.
Some of the arguments for euthanasia are to relieve patients of extreme pain and it protects the
dignity of terminally ill patients, who do not wish that their lives be devalued. The major
arguments against the practice are based on perspectives from moral, religious and ethical
views.
This research examined euthanasia and its position in South Africa and other countries. It also
studied how the Constitution in relation to the request for physician assisted suicide protects
the right to life, the right to human dignity of persons and respect for patient’s autonomy among
others. Its aim is to further promote public awareness on the topic. The research was achieved
by reviewing literature.
The law in South Africa accepts the practice of passive euthanasia which includes the
withdrawal or withholding of life sustaining medications where the physician feels that the
treatment if continued would be futile. In such case, the doctor is free from criminal liability.
Also, they will not be liable when they dispense pain relieving drugs which may later cause the
death of a critically ill patient. The stand in South Africa is not static since a patient is permitted
by law to stop or refuse the continuation of a life prolonging treatment even if it could lead to
his or her death.
The few recommendations from the South African Law Commission are yet to be looked into
by the Parliament and this has caused a huge setback on reaching a final conclusion about the
legality of the practice in South Africa. In cases regarding euthanasia or physician assisted
suicide, the courts have decided that each case should be determined by its own merits. The
courts have also shifted the responsibility to decide on the topic to the Parliament, being the
representative of the people. This has poised a great threat. Result has shown that physician-administered euthanasia, though not legalised in South Africa is not strange to the practice and
the courts could be approached. It is an infringement of a person’s dignity not to allow a
suffering terminally ill person to be euthanased by their doctor to alleviate their unbearable
suffering.
Description
Masters Degree. University of KwaZulu-Natal, Durban.