Euthanasia and Law in the Netherlands
The Netherlands is the only country in the world in which euthanasia, under narrow-defined circumstances, is legally permissible. Considerable attention has been paid over a number of years to the problem of regulating it and information has been systematically collected concerning actual practice. Therefore the Dutch experience is of interest not only to the Dutch, but to anyone who is considering wether or not to make euthanasia a legal practice. This book is written for a reader without specific knowledge of law. The central focus of the book is on Dutch law pertaining to euthanansia, but it also considers the moral and legal principles that have played a role in the Dutch debate, the available evidence bearing on actual practice and on the effectiveness of legal control. It ends with some reflections on the problem of the 'slippery slope' and the question whether the Dutch experience is 'exportable'. It includes translations of the relevant legislation (including proposed reforms) and of three leading cases.
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THE NETHERLANDS AND THE DUTCH
THE DUTCH HEALTHCARE SYSTEM AND THE CARE OF
LEGAL CHANGE 19451997
THE CURRENT LEGAL SITUATION
THE TERMS OF DEBATE SINCE 1982
TWO REFLECTIONS ON THE SIGNIFICANCE OF THE DUTCH
SOME RELEVANT LEGAL DOCUMENTS
Some legislative proposals 3 14
THREE LEADING CASES
Kadijk Court of Appeals Leeuwarden 1996
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abstinence acceptable active termination advance directive appendix argued argument article 293 assistance with suicide behavior that shortens careful practice cerned Chabot Commission considered consulted Court of Appeals Criminal Code criminal law death due decision decision-making decriminalization defective newborn babies defence of necessity defendant discussion doctrine of double double effect Dutch euthanasia duty Enschedé euthanasia and assistance explicit request fact harm principle involved justifiable KNMG Leenen legal control legal policy legalization of euthanasia legislative life-prolonging treatment MBSL medical behavior medical disciplinary medical ethics medical exception medically futile ment moral Nederlandse Jurisprudentie Netherlands normal medical practice norms nursing homes NVVE opinion pain relief patient's request perform euthanasia person possible principle of autonomy problem professional prosecution psychiatric patients psychiatrist question reason regard reporting procedure requirements of careful result sanctity of human severely defective newborn situation somatic somatic disorder Supreme Court tion voluntary Voluntary Euthanasia well-considered