The idea suggested by some disability rights advocates, that most of us will be disabled in one way or another by the time we reach the end of our lives, has been borne out in my experience. Virtually everyone I have known who has died has met, days or weeks or months before their deaths, the definition of disability under the Americans with Disabilities Act. How can we assure that those who are disabled are not coerced into ending their lives too soon?
Understanding disagreements between DWD advocates and disability rights advocates may be a way to find some common ground between the two groups. This is Part 1 of a multi-part series exploring the issues.
All of the Death With Dignity (DWD) laws now in the US are modeled after the Oregon law that went into effect in 1997. The other jurisdictions that have adopted such a law include Washington, Vermont, Washington, D.C., Colorado, California, and Hawaii. A judicial decision in Montana allows DWD to be practiced with cooperating doctors.
Missing from all of these laws is the right of people who have specific kinds of incurable, debilitating, painful, or extremely distressing medical conditions, but are not necessarily within six months of dying, to use these laws.
The American Association of Suicidology recognizes that the practice of physician aid in dying, also called physician assisted suicide, Death with Dignity, and medical aid in dying, is distinct from the behavior that has been traditionally and ordinarily described as “suicide,” the tragic event our organization works so hard to prevent. Although there may be overlap between the two categories, legal physician assisted deaths should not be considered to be cases of suicide and are therefore a matter outside the central focus of the AAS.
No, it is not an obituary for a specific individual. It is an obituary that recognizes and celebrates taking control of one’s end-of-life suffering.
When a family member provides care in the home for someone with a disability, when does this responsibility become a burden on the caregiver? Is being a burden asking too much of a family member? These and related questions are discussed in this week’s post.
In 2017, the District of Columbia (DC) became the seventh jurisdiction in the United States to legalize medical aid in dying, which gives terminally ill patients the option of how and when they die. The new DC statute is nearly identical to earlier enacted medical aid in dying statutes in California, Colorado, Oregon, Vermont, and Washington State. Only Montana legalized medical aid in dying through a court decision, but subsequently, proponents of the act have failed in every attempt to legalize medical aid in dying through constitutional or statutory litigation.
[NOTE: Because of a problem with a component of the website, I am re-publishing this post today. A new post will appear in the in-boxes of subscribers Monday. I had hoped we would get some comments or feedback about this post.]
In Part 1, I discussed the state of death with dignity (DWD) laws in the United States and suggested eliminating the “six months to live” criterion. Here in Part 2, I discuss the Canadian example, other suggestions that may ease some restrictions of death with dignity acts (DWDAs), and add an important precaution that should help protect vulnerable people and provide better medical services.
Oregon’s Death With Dignity Act (DWDA), implemented in 1998, was a monumental step forward in pursuing the primary goal of permitting those suffering from illness or disease to hasten their own death. But its advocates realized that, out of political necessity, it was not a universally applicable law, covering everyone in need. And the DWDA did not assure that all people have excellent medical care to meet their needs, though Oregon did dramatically improve palliative care in the state, diminishing the need for many people to make use of the DWDA.
Five years ago in Massachusetts, the right to autonomy in one’s body went down to defeat in a vote related to irrational fear by some disability rights advocates working through the activist group Not Dead Yet. Their position was that they would be compelled or coerced into ending their own lives if the initiative passed.
