The recognition of euthanasia and physicianassisted suicide in South African law

Abstract

This study assesses the current legal position of euthanasia and physician-assisted suicide in South Africa and the possibility of legalizing the two practices. Currently, the legal position of euthanasia and physician-assisted suicide renders both these practices as illegal and thus constitute an offence. The offence, based on the facts of the case, may vary from murder to attempted murder. The problem that arises from these two practices being illegal is the intractable pain and suffering that terminally ill patients are subjected to as a result of their respective illnesses. The terminally ill patients are without an option to have a say as to when that suffering may be stopped and by what means. Moreover, it is common knowledge that some of these illnesses are extreme to an extent that the person suffering from them is unable to perform even the most basic of duties. These duties include, but not limited to, being unable to bathe themselves, feed themselves or even use facilities in the bathroom. The inability to perform these activities and having to seek the assistance of others strips the patients off their human dignity. The recognition and legalisation of euthanasia and physicianassisted suicide in South Africa could provide these patients with their preferred passing with their dignity still intact. Furthermore, the right to human dignity is not the only right affected by terminal illnesses and the illegality of euthanasia and physicianassisted suicide. The Constitution of South Africa confers to all persons the right to life, the right to bodily integrity and the right to personal autonomy, which are also directly affected adversely by terminal illnesses and the illegality of euthanasia and physician-assisted suicide. The recognition thereof, could be introduced through new legislation to regulate both practices. The existing fundamental rights, including the right to life, right to dignity, right to bodily integrity and personal autonomy could be utilized to facilitate and justify euthanasia and physician-assisted suicide. This study concludes by claiming that at the end-of-life, a terminally ill, cognitively unimpaired person should be allowed to choose death by euthanasia or be assisted by a physician to terminate their life.