Posts tagged bioethics
Is Death a Constitutional Right?

For decades, physician-assisted suicide (PAS) and the right to die have been at the center of numerous legal battles. The “right to die” covers more than just “pulling the plug” on life-sustaining treatment. It also includes suicide, which is done without the assistance of a physician, as well as other practices that are done with the guidance of a physician. Such practices include passive euthanasia, assisted dying, active euthanasia, and most recently, physician-assisted suicide. Although the legality of PAS largely depends on the attitude of the respective state government, one could argue that the banning of physician-assisted suicide violates the Due Process clause of the 5th Amendment because the choice to end one’s life during unceasing pain—especially when one’s death is imminent— should be included in one’s right to life. Furthermore, a court’s refusal to recognize the right to die allows the actions of PAS-administering doctors to fall under “affirmative aid in dying,” which exposes doctors to prosecution for murder.

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